SimplSign Algemene Voorwaarden

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]

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 ("we", "us", "our").

By using the Service, you agree to 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 send and collect electronic signatures.

You acknowledge and agree that:

• We do not provide legal advice, trust services, certification, or identity verification
• We do not verify signer identity, authority, capacity, or intent
• We do not assess compliance with Regulation (EU) No 910/2014 ("eIDAS")
• The Service does not provide qualified, advanced, or certified electronic signatures
• We make no guarantees that signatures collected are legally valid or enforceable for any purpose

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.

5. User Responsibilities

You are solely responsible for:

• Determining whether electronic signatures are appropriate under applicable EU or national law
• Compliance with eIDAS, GDPR, and any sector-specific regulations
• The legality, accuracy, and suitability of all documents
• Obtaining lawful consent before providing personal data of signers
• Any reliance placed on signed documents or audit records

6. Prohibited Use

You may not use the Service for unlawful, misleading, or abusive purposes. We may suspend or terminate access for any lawful reason.

7. Pricing and Payment

Fees are charged per transaction at the rates displayed at purchase. Pricing changes apply only to future transactions.

8. Right of Withdrawal and Refunds

Where required by EU consumer law, consumers may have a statutory right of withdrawal.

By using the Service and initiating a signing process, you expressly request immediate performance of the digital service and acknowledge that your right of withdrawal may be waived once the service has been fully performed.

9. Audit Trail

The Service may generate an audit record containing technical metadata. You acknowledge that:

• The audit record is informational only
• It does not constitute identity verification or a trust service under eIDAS
• Its admissibility or evidentiary value is not guaranteed

10. Data Protection

Personal data is processed solely for the purpose of providing the Service.

Documents and workflow data are intended to be deleted within approximately 48 hours, subject to technical and operational constraints. Residual data may persist temporarily in backups or security logs.

11. Availability

The Service is provided on an "as is" and "as available" basis. We make no guarantees regarding availability, uptime, or uninterrupted operation.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• We are not liable for indirect or consequential damages
• We are not liable for reliance on signed documents or audit records
• Total liability is limited to the amount paid for the relevant transaction

Nothing in these Terms limits liability where such limitation is prohibited by law.

13. Indemnification

You agree to indemnify and hold harmless Aivenya from claims arising from your use of the Service, documents you upload or rely upon, or violations of law or third-party rights.

14. Governing Law and Jurisdiction

These Terms are governed by the laws of Ireland. Any disputes shall be subject to the exclusive jurisdiction of the courts of Ireland.

15. Severability

If any provision is held invalid, the remaining provisions remain in effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Aivenya regarding the Service.

17. Contact

Email: [email protected]

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 ("we", "us", "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do 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 for uploading documents, placing signature fields, sending signature requests, and receiving completed documents with a system-generated audit record.

You acknowledge and agree that:

• We do not provide legal advice, legal services, certification, notarization, or identity verification
• We do not verify signer identity, authority, capacity, intent, or authenticity
• We do not determine whether electronic signatures are legally valid, binding, or enforceable
• Use of the Service does not guarantee compliance with the U.S. Electronic Signatures in Global and National Commerce Act ("E-SIGN Act"), UETA, or any state or federal law

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 old and legally capable of entering into binding agreements to use the Service.

5. User Responsibilities

You are solely responsible for:

• The legality, content, accuracy, and appropriateness of all documents uploaded or sent
• Determining whether electronic signatures are permitted and enforceable for your document type and jurisdiction
• Compliance with all applicable federal, state, and local laws
• Obtaining consent from all signers before providing their email addresses
• Ensuring you have authority to upload, share, and sign documents
• Any reliance placed on signed documents or audit records

6. Prohibited Use

You may not use the Service for unlawful, fraudulent, misleading, or abusive purposes. We reserve the right to suspend or terminate access to the Service at any time for any lawful reason.

7. Pricing and Payment

Fees are charged per transaction at the rates shown at checkout. Pricing may change at any time and applies only to future transactions.

8. Refunds

Except where required by applicable law, all payments are non-refundable unless a technical failure of the Service prevents completion of the signing process.

9. Audit Trail and Records

The Service may generate an audit record containing technical metadata such as timestamps, email addresses, IP addresses, and device information. You acknowledge and agree that:

• The audit record is provided for informational purposes only
• It does not constitute identity verification, authentication, notarization, or certification
• It may be incomplete, inaccurate, or unreliable
• We make no representations regarding its admissibility or evidentiary value in any legal proceeding

10. Data Handling

Documents and workflow data are intended to be deleted from active systems within approximately 48 hours after completion, subject to technical and operational constraints.

Residual copies may persist temporarily in backups, logs, or security systems.

11. Service Availability

The Service is provided on an "as is" and "as available" basis.

We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

12. Limitation of Liability

To the maximum extent permitted by law:

• We are not liable for indirect, incidental, consequential, or punitive damages
• We are not liable for losses arising from reliance on signed documents or audit records
• Our total liability is limited to the amount paid for the transaction giving rise to the claim

13. Indemnification

You agree to indemnify and hold harmless Aivenya from any claims, damages, losses, liabilities, and expenses arising from your use of the Service, documents you upload or rely upon, or your violation of these Terms or applicable law.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws principles.

Any dispute shall be brought exclusively in the state or federal courts located in Delaware, and you consent to their jurisdiction.

15. Severability

If any provision is held unenforceable, the remaining provisions remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and Aivenya regarding the Service.

17. Contact

Email: [email protected]

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]