Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Nubesti LLC ("Company", "we", "us", or "our"), governing your access to and use of the inSigner website, platform, and all related services (collectively, the "Service").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last updated" date above. Your continued use of the Service after such changes constitutes acceptance of the modified Terms.

2. Description of the Service

inSigner is a digital document signing and management platform that enables users to create, send, sign, and manage electronic documents and signatures. The Service includes, but is not limited to:

• Electronic and digital signature creation and management.
• Document preparation, sending, and tracking workflows.
• Identity verification and Know Your Customer (KYC) processes.
• Audit trail generation and document lifecycle tracking.
• API access and integrations with third-party platforms (WordPress, Webflow, Wix, and others).
• Cloud-based and self-hosted deployment options.

The Service is currently in a pre-launch phase. Certain features described on our website may not yet be available and are subject to change prior to general availability.

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age or the age of legal majority in your jurisdiction.
• Have the legal capacity to enter into a binding contract.
• Not be prohibited from using the Service under applicable laws.
• Provide accurate and complete information during registration or waitlist sign-up.

By using the Service, you represent and warrant that you meet all eligibility requirements.

4. Account Registration and Security

When you create an account or join our waitlist, you agree to:

• Provide accurate, current, and complete information.
• Maintain and promptly update your account information.
• Maintain the security and confidentiality of your login credentials.
• Notify us immediately of any unauthorized use of your account at hi@insigner.co.
• Accept responsibility for all activities that occur under your account.

We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe have been compromised.

5. Acceptable Use Policy

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon the intellectual property rights, privacy, or other rights of third parties.
• Upload, transmit, or distribute viruses, malware, or other harmful code.
• Attempt to gain unauthorized access to, interfere with, or disrupt the Service, servers, or networks.
• Use the Service for fraudulent, deceptive, or misleading purposes.
• Forge documents, signatures, or identities.
• Scrape, data mine, or harvest data from the Service without prior written consent.
• Use the Service to send unsolicited communications (spam).
• Reverse-engineer, decompile, or disassemble any part of the Service, except where permitted by law.
• Use automated tools (bots, crawlers) to access the Service without authorization.

We reserve the right to investigate and take legal action against anyone who violates this section, including removing content, suspending accounts, and reporting violations to law enforcement.

6. Electronic Signatures and Legal Validity

The Service facilitates the creation and management of electronic signatures. You acknowledge and agree that:

• Electronic signatures created through inSigner are intended to comply with applicable electronic signature laws, including the U.S. ESIGN Act, UETA, the EU eIDAS Regulation, and other applicable laws.
• The legal enforceability of electronic signatures may vary by jurisdiction and document type. Certain documents (e.g., wills, certain real estate transactions) may require handwritten signatures under applicable law.
• It is your responsibility to determine whether an electronic signature is appropriate and legally valid for your specific use case.
• We do not provide legal advice. You should consult with a qualified legal professional regarding the legal sufficiency of electronic signatures for your needs.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Service and its entire contents, features, and functionality — including but not limited to all information, software, source code, text, displays, images, graphics, logos, trademarks, service marks, designs, and the arrangement thereof — are owned by Nubesti LLC, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

7.2 Your Content

You retain all ownership rights in the documents and content you upload to the Service ("Your Content"). By using the Service, you grant Nubesti LLC a limited, non-exclusive, worldwide, royalty-free license to use, process, store, and transmit Your Content solely for the purpose of providing and improving the Service.

7.3 Feedback

If you provide us with suggestions, ideas, or feedback regarding the Service ("Feedback"), you grant us an unrestricted, irrevocable, non-exclusive, royalty-free, perpetual license to use and incorporate such Feedback for any purpose without compensation.

8. Fees, Payments, and Subscriptions

Certain features of the Service may be offered on a subscription or pay-per-use basis. If applicable:

• Billing: You agree to pay all fees associated with your chosen plan. Fees are billed in advance on a recurring basis (monthly or annual) unless otherwise stated.
• Payment Methods: You must provide a valid payment method. You authorize us to charge your payment method for all applicable fees.
• Price Changes: We may change our fees at any time with at least 30 days' prior notice. Continued use after a price change constitutes acceptance.
• Taxes: Fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all such charges.
• Refunds: Unless otherwise required by law, all fees are non-refundable. Partial refunds may be issued at our sole discretion.
• Free Trials: If a free trial is offered, it will automatically convert to a paid subscription at the end of the trial period unless cancelled prior.

9. Data Processing and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is hereby incorporated into these Terms by reference.

By using the Service, you acknowledge and agree that:

• We may process personal data in accordance with our Privacy Policy and applicable data protection laws (including GDPR and CCPA).
• If you use the Service to process personal data of third parties (e.g., document signers), you are responsible for ensuring that you have a lawful basis and all necessary consents to do so.
• We will act as a data processor on your behalf where applicable, and will enter into a Data Processing Agreement (DPA) upon request.

10. Confidentiality

Each party agrees to maintain the confidentiality of any non-public information received from the other party ("Confidential Information"). Confidential Information includes, but is not limited to:

• Business plans, strategies, and proprietary technology.
• Document contents uploaded or processed through the Service.
• User credentials and account information.
• API keys and integration configurations.

Confidential Information shall not be disclosed to third parties except as required by law or as necessary to provide the Service, and shall be protected with at least the same degree of care used for the receiving party's own Confidential Information.

11. Service Availability and Modifications

We strive to provide a reliable and available Service. However:

• We do not guarantee that the Service will be available at all times. The Service may be subject to downtime for maintenance, updates, or unforeseen circumstances.
• We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice.
• We will make reasonable efforts to notify users of significant changes or scheduled maintenance in advance.
• We shall not be liable for any disruption, loss, or damage resulting from Service unavailability.

12. Third-Party Services and Integrations

The Service may integrate with or contain links to third-party platforms, applications, or services ("Third-Party Services"). You acknowledge that:

• Third-Party Services are governed by their own terms and privacy policies.
• We do not control, endorse, or assume responsibility for Third-Party Services.
• Your use of Third-Party Services is at your own risk.
• We are not liable for any loss or damage arising from your use of Third-Party Services.

13. Disclaimer of Warranties

14. Limitation of Liability

15. Indemnification

You agree to defend, indemnify, and hold harmless Nubesti LLC and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use of the Service; (c) Your Content; (d) your violation of any rights of a third party; or (e) your violation of any applicable law or regulation.

16. Termination

We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including but not limited to:

• Breach of these Terms.
• Request by law enforcement or government agencies.
• Discontinuance or material modification of the Service.
• Unexpected technical or security issues.
• Extended periods of inactivity.

Upon termination, your right to use the Service ceases immediately. We will make reasonable efforts to allow you to retrieve Your Content within 30 days of termination, unless prohibited by law. Provisions that by their nature should survive termination shall survive, including ownership, warranty disclaimers, indemnification, and limitations of liability.

17. Dispute Resolution

17.1 Informal Resolution

Before filing a formal claim, you agree to attempt to resolve disputes informally by contacting us at hi@insigner.co. We will endeavor to resolve the dispute within 30 days.

17.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute arising from or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the English language.

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to participate in a class action lawsuit or class-wide arbitration.

17.4 Exception for EU/EEA Users

If you are a consumer in the European Economic Area (EEA) or the United Kingdom, the mandatory arbitration and class action waiver provisions above do not apply to you. You retain the right to bring claims in the courts of your country of residence, and you are not required to waive any rights protected under EU consumer protection laws, including GDPR.

18. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States and the State in which Nubesti LLC is organized, without regard to its conflict of law provisions.

For users in the European Union, the EEA, or the United Kingdom, these Terms do not override any mandatory consumer protection laws applicable to your jurisdiction, including rights under the GDPR, the Consumer Rights Directive (2011/83/EU), and the Unfair Contract Terms Directive (93/13/EEC).

19. Open Source Components

The Service may include or incorporate open source software components. Each open source component is subject to its own applicable license terms, which can be found in the documentation or source code repositories accompanying the component. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable open source license.

20. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations (EAR) and sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC). You represent that you are not located in any country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.

21. Force Majeure

Nubesti LLC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond its reasonable control, including but not limited to: natural disasters, acts of war or terrorism, epidemics or pandemics, government actions, power failures, internet disruptions, or third-party service provider failures.

22. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent.

23. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Nubesti LLC regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

24. Waiver

No waiver by Nubesti LLC of any term or condition in these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

25. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt to assign without consent shall be null and void. We may assign our rights and obligations under these Terms without restriction and without notice to you.

26. Contact Us

If you have any questions, concerns, or legal inquiries regarding these Terms, please contact us: