1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of SimplSign ("Service"), a pay-per-use electronic signature workflow platform operated by Aivenya, a sole trader registered in Brisbane, Queensland, Australia ("we", "us", "our").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, you must not use the Service.
2. Applicable Terms and Jurisdiction
The version of these Terms that applies to you depends on your country of residence at the time you use the Service:
- If you reside in Australia, the Australian Terms and Conditions apply
- If you reside in the United States, the United States Terms and Conditions apply
- If you reside in the European Union or European Economic Area, the EU/EEA Terms and Conditions apply
- If you reside in any other country, the Australian Terms and Conditions apply
By using the Service, you acknowledge and agree to the applicable Terms and governing law as determined above.
3. Nature of the Service
SimplSign provides a technical workflow tool that enables users to upload PDF documents, designate signature fields, invite signers via email, and receive completed documents with a system-generated audit record.
You acknowledge and agree that:
- We do not provide legal advice, legal services, certification services, identity verification, or document validation
- We do not verify the identity, authority, capacity, intent, or authenticity of any signer
- We do not assess or guarantee the legality, enforceability, admissibility, or suitability of any document
- Use of the Service does not guarantee acceptance of any document by courts, government bodies, or third parties
You expressly acknowledge that you do not rely on the Service for legal, regulatory, or evidentiary compliance.
4. Eligibility
You must be at least 18 years of age and legally capable of entering into binding agreements to use the Service.
5. User Responsibilities
You are solely responsible for:
- The content, legality, accuracy, and appropriateness of all documents you upload or send
- Determining whether electronic signatures are legally valid and appropriate for your document, jurisdiction, and use case
- Compliance with all applicable laws, regulations, and industry requirements
- Obtaining all necessary consents before providing third-party email addresses or personal information
- Ensuring you have the authority and rights to upload, share, and sign documents
- How signed documents are used, relied upon, stored, or enforced
Laws governing electronic signatures vary by jurisdiction and document type. This determination is entirely your responsibility.
6. Prohibited Use
You must not use the Service for any unlawful, fraudulent, misleading, or abusive purpose, or in any manner that infringes the rights of others.
We reserve the right to refuse, suspend, or terminate access to the Service for any lawful reason, without notice.
7. Pricing and Payment
Fees are charged on a per-transaction basis at the rates displayed at the time of purchase. Pricing may change at any time but will apply only to future transactions.
8. Refunds and Consumer Guarantees
Refunds are generally not provided except where a technical failure of the Service prevents completion of the signing process.
Nothing in these Terms excludes, restricts, or modifies any rights or remedies you may have under the Australian Consumer Law or other applicable consumer protection legislation.
9. Audit Trail and Timestamps
The Service may generate an audit record containing technical metadata such as timestamps, email addresses, IP addresses, device information, and references to third-party timestamping services.
You acknowledge and agree that:
- The audit record is provided for informational purposes only
- It does not constitute identity verification, authentication, certification, or proof of authority
- It may be incomplete, inaccurate, or unreliable due to technical limitations, user actions, third-party services, or factors beyond our control
- We make no representations or warranties regarding its legal admissibility, evidentiary weight, or acceptance by any third party
10. Data Handling and Privacy
Documents, workflow data, and signer email addresses are intended to be deleted from our active systems within approximately 48 hours after completion of the signing process, subject to technical, operational, and legal constraints.
Residual copies may persist temporarily in backups, logs, monitoring systems, or security records.
We retain only aggregated, anonymised statistical data for analytical purposes. We do not intentionally use documents or personal data for marketing, resale, or artificial intelligence training.
11. Email Communications
You consent to receive transactional emails necessary for the signing workflow.
If you provide email addresses of other individuals, you represent and warrant that you have obtained their consent to receive emails related to the signing process.
12. Availability and Data Loss
The Service is provided on an "as is" and "as available" basis. We do not guarantee uninterrupted access, uptime, or error-free operation, and are not responsible for loss of documents, data, access, or availability.
13. Limitation of Liability
To the maximum extent permitted by law, and subject to the Australian Consumer Law:
- We are not liable for any indirect, incidental, consequential, special, exemplary, or punitive damages
- We are not liable for any loss arising from reliance on signed documents or audit records
- We are not liable for legal, regulatory, financial, or commercial outcomes resulting from use of the Service
- Our total aggregate liability for any claim is limited to the amount paid for the specific transaction giving rise to the claim
14. Third-Party Services
The Service relies on third-party providers for hosting, email delivery, payment processing, and timestamping. We make no warranties regarding third-party services and are not responsible for their availability, accuracy, security, or suitability for any purpose.
15. Indemnification
You agree to indemnify and hold harmless Aivenya and its owner from any claims, losses, damages, liabilities, costs, and expenses (including legal fees) arising from your use or misuse of the Service, any document you upload, send, or rely upon, your breach of these Terms, or your violation of any law or third-party rights.
16. Intellectual Property
You retain all ownership rights in your documents. All rights in the SimplSign platform, software, branding, and audit record format remain our property or that of our licensors.
17. Changes to These Terms
We may update these Terms from time to time. Material changes apply only to future transactions. Continued use of the Service constitutes acceptance of the current Terms.
18. Governing Law and Jurisdiction
These Terms are governed by the laws of Queensland, Australia. Any disputes must be brought exclusively in the courts of Queensland, Australia.
19. Severability
If any provision is held unenforceable or invalid, the remaining provisions remain in full force and effect.
20. Entire Agreement
These Terms constitute the entire agreement between you and Aivenya regarding the Service.
21. Contact
Email: [email protected]