Terms and Conditions
These Terms and Conditions (the “Terms” or “Agreement”) created for SignOnTheGo (“SignOnTheGo”) are a legal binding agreement between an individual (“user” or “users”) or entity (business, contractors, agents, employees) also known as “user” or “users”, and by using this app, you agree to comply to all terms and conditions stated herein. This agreement is a legally binding agreement between you and “SignOnTheGo.” These Terms and Conditions, along with any other policies or documents referenced herein, govern use and purchase of SignOnTheGo, both as a signer and originator of documents, including pre-created templates available at user’s discretion. Users’ use of SignOnTheGo constitutes its binding legal agreement to these Terms and Conditions, which are subject to change at any point in time, provided at the discretion of SignOnTheGo. You/User agree that we shall not be liable to you or any third party for any revisions made to these Terms and Conditions. You/User agree that we shall not be liable for you or any party not exercising their contractual orders made between you or any party, whether by use of a pre-created (downloaded) template or one of your own (uploaded) templates.
IF A YOU/USER IS NOT ACCEPT AND CONSENT TO THESE TERMS, USERS’ USE OF SIGNONTHEGO IS STRICTLY PROHIBITED. BY ENTERING INTO THIS AGREEMENT YOU/USER OR ON BEHALF OF ANY COMPANY OR LEGAL ENTITY YOU REPRESENT FOR WHICH YOU HAVE AUTHORITY, YOU MUST ACCEPT THIS AGREEMENT AND LEGALLY TO BE BOUND BY THESE TERMS AND CONDITIONS, OTHERWISE YOU ARE NOT PERMITTED TO USE SIGNONTHEGO.
SignOnTheGo App Usage
- The application is made available to Users only for personal or internal business use, which use must comply with all applicable SignOnTheGo policies and all laws, rules and regulations, and must not infringe or violate third party rights. User may not make commercial use of the Products, including but not limited to selling, licensing, providing services, or distributing the Products or any part thereof to any third party. The SignOnTheGo subscription start date will be the earlier of (i) the date the SignOnTheGo product is activated by User, or (ii) thirty (30) days after the Product has been shipped or made available to User for download. For subscription renewals, the subscription start date will begin upon expiration of the prior subscription term. User will be responsible for the subscription fees from the previous subscription expiration date;
- Each user has the right to register for an Account and, add Authorized Users, who may access and use SignOnTheGo. Users must be 18 years of age or older to register for an Account and use SignOnTheGo, and must use the application in accordance with the Specifications, and not for any illegal purposes.
- SignOnTheGo is entitled to subcontract or use other third parties to provide templates but holds no liability for such contracts edited and/or created between users of the agreement.
Changes to SignOnTheGo Products and Terms
SignOnTheGo reserves the right to edit, suspend, or discontinue providing the application or any part thereof in its sole discretion, at any time with prior notice. SignOnTheGo reserves the right at any time to modify these Terms in its sole discretion, without liability to User. This Agreement, as amended, will be effective upon use of the SignOnTheGo Products & application for all existing users immediately after posting of any amended terms on the SignOnTheGo.us website. User agrees to be bound by this Agreement, as modified. If User does not agree to any changes to the Terms, they must stop using SignOnTheGo and terminate their account immediately. Please review the most current version of this Agreement from time to time so that you will be apprised of any changes.
Free Code Downloads & Special Offers
If you have obtained a code for a free download, promotional offer or other type of limited offer (“Free Trial”), SignOnTheGo will make available to you one template for a one-time use, and has the following conditions: (a) available until the end of the free trial period; (b) termination of your use of SignOnTheGo, either by you or SignOnTheGo; (c) and if canceled or continued, no monies shall be exchanged for its value. Conditions incorporated into this Agreement are legally binding.
- All users are subject to the terms and conditions of this Agreement. SignOnTheGo supports the facilitation between the parties to implement their agreement and signatures virtually. SignOnTheGo, grants Users a non-exclusive, non- transferable, non-sub licensable limited and revocable license to use the said Product or “application” (including but not limited to the client software) solely and exclusively for individual or internal business purposes. This agreement does not hold SignOnTheGo or any of its affiliated parties to any contract created by you and another party. SignOnTheGo makes no representation or warranty regarding the transactions sought to be effected by agreement executed or not executed. Certain third party code may be provided with, or contained in, the Product. The third-party license terms accompanying such code, and not the terms of this Agreement, will govern User’s use of any codes. SignOnTheGo, reserves all other rights to its Products. Software is considered delivered and accepted when made available for download;
- User agrees not to (and agree not to allow third parties to) (1) transfer, sublicense or distribute any part of the SignOnTheGo application or any derivative thereof to any third party, (2) modify, adapt, translate, or prepare derivative works from the application other than their downloaded document, (3) decompile, reverse engineer, disassemble or attempt to derive source code from the SignOnTheGo, (4) extract software’s files for use in other applications, or (5) remove, obscure, or alter SignOnTheGo’s or any third party’s trademarks or copyrights or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Products.
- User acknowledges that there are no implied or expressed warranties, and that SignOnTheGo makes no representations about the appropriateness of any Authentication, exact timeliness, and definitive performance of the products, software and service; nor any security measures outside of the application. Additionally, SignOnTheGo assumes no liability for the inaccuracy, inability or failure by the intended recipient (or other party) to satisfy the authenticity;
- User is solely responsible for the nature and content of all materials, statements, works, data, and other graphical, visual, and written communications uploaded, downloaded and/or submitted by any User through SignOnTheGo or any other means;
- There are certain types of agreements and/or documents that may be excepted from electronic signature laws (e.g. wills and agreements pertaining to family law). SignOnTheGo will not be and is not responsible for deciding whether any contract or agreement: (a) is subject to an exception to applicable electronic signature laws; (b) is subject to any particular agency rules or regulations; or (c) whether it can be legally formed by electronic signatures. It is the responsibility of the User to check specific regulations and/or agencies regarding electronic signatures and electronic records for applicable procedures regarding validity of that document;
- It is at your discretion and not that of SignOnTheGo to decide the length of time your agreement is to be set in place. SignOnTheGo is not responsible for deciding the length of any agreements, documents that are to be stored under any applicable laws, regulations, or legal or administrative agency processes. SignOnTheGo is not liable to produce any Users’ contracts or other documents to any third parties;
- It is the duty of all users to comply with their applicable laws and comply with all requirements imposed within such agreements created between the parties; however, SignOnTheGo holds no jurisdiction of whether or not a contract and/or agreement has or has not been fully executed, rendered, and/or satisfactory. Certain consumer protection or similar laws and/or regulations may impose special requirements with regards to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. SignOnTheGo is not responsible to: (a) create or obtain any consents or determine if any such consents have been withdrawn; (b) determine whether any particular transaction involves a “consumer;” (c) provide any information or disclosures in connection with any attempt to obtain any such consents; (d) provide legal review of, or update or correct any information or disclosures currently or previously given; (e) provide any such copies or access, except as expressly provided in the Specifications for all transactions, consumer or otherwise; or (f) otherwise to comply with any such special requirements; and
- User may not violate or infringe upon any intellectual property rights or the privacy or publicity rights of any person or entity or that may otherwise be unlawful or give rise to civil or criminal liability including but not limited to posting, emailing, transmitting, uploading, or otherwise making available content or data that Subscriber does not have the right to make available under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements, etc.);
- User agrees not to send unsolicited mass mailings inside or outside of the application SignOnTheGo. The term “unsolicited mass mailings” includes all statutory or common definitions or understanding of those terms in the applicable jurisdiction, such as those set forth for “Commercial Electronic Mail Messages” under the U.S. CAN-SPAM Act, as an example only;
- The content sent to, from and between is not monitored by SignOnTheGo; however, we do comply with the Digital Millennium Copyright Act (DMCA) with respect to copyright infringement; We have the discretion to suspend or terminate your use of SignOnTheGo;
- Additionally, SignOnTheGo, uses information only in ways that are compatible with the purposes for which it was collected by SignOnTheGo and in compliance with U.S. privacy laws.
All Users shall acknowledge that SignOnTheGo, or its licensors for SignOnTheGo, own all right, title and interest in and to the software related to the Product, portions thereof, or content provided through or in conjunction with the Product, including without limitation all intellectual property rights. SignOnTheGo does not transfer to any User or other third party, any technology or other intellectual property rights belonging to SignOnTheGo or SylvainAnalytics, Inc. All intellectual property, whether patent, copyright, trade secret, trademark, service mark or moral rights, remain at all times, the ownership of SignOnTheGo.
- Each user adding a profile is prohibited from adding falsified information within the application; SignOnTheGo has no regulation of content that has been added incorrectly or falsely;
- Codes: SignOnTheGo may allow Users to use a limited version of the SignOnTheGo product free of charge provided that they have been given a one-time code for access of an uploaded/downloaded document for signing. SignOnTheGo reserves the right to change the free offering or terminate Free codes at any time.
- Contact: SignOnTheGo also reserves the right to contact User via email, postal mail, or telephone to notify the User of new or upgraded services.
All users of SignOnTheGo will defend, indemnify, and hold us, our affiliates, officers, directors, consultants, agent, suppliers, and employees harmless from any and all third party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to: (a) SignOnTheGo Users; (b) User Agreement Violation; (c) infringement to any intellectual property or other right of any person or entity; or (d) the nature and content of all materials, works, data, statements, and other visual, graphical, written, or audible communications of any nature submitted by any account user or Users.
- SignOnTheGo will collect $0.99 per download or upload and will be billed from the date elected by User. Fees are exclusive of all taxes and User is responsible to pay all taxes associated with the use and purchase of SignOnTheGo If any fee is not paid when due, or SignOnTheGo is unable to process the transaction using the payment information provided, SignOnTheGo reserves the right to revoke access to User’s account and to use its discretion to delete some or all of User’s Documents;
- At any time, SignOnTheGo has the authority to change product costs with the exception to give User advance notice of these changes by email or on the website. It is the User’s responsibility to keep contact information and payment information current and updated;
- When registering for a User Account, accurate and complete information must be provided along with a valid credit card in which you are authorized to use. It is the User’s responsibility to notify SignOnTheGo of any changes that are needed within your Account for the credit card. SignOnTheGo reserves the right to update profiles, correct errors of an invoice or received payment. User agrees to notify us about any discrepancies or billing problems within 30 days after they first appear on your invoice. If you do not bring such problems/discrepancies to our attention within 30 days, User agrees to waive your right to dispute those problems or discrepancies.
- User is responsible for all taxes and applicable fees and/or all other governmental charges (collectively, “taxes”) pursuant to this or any other agreements and/or transactions for Users and SignOnTheGo;
- During promotions, offers (or “Special Offer”) provided to specified Users, shall adhere to the agreement terms set forth between SignOnTheGo. For all Agreements made between Users and SignOnTheGo, all Users understand that the SignOnTheGo may modify or terminate the agreement at any time without notice.
Term and Termination
- If any User fails to comply with these Terms and conditions, SignOnTheGo has the right to revoke User privileges. The effective date of this agreement upon any use of SignOnTheGo remains in effect until the account is terminated either by User or SignOnTheGo. In the event any user does not abide by these terms and conditions, and has its account terminated, User understands that he or she is restricted from creating another account on the SignOnTheGo or any of its other products. SignOnTheGo reserves the right to refuse or discontinue participation to any user at any time at its sole discretion. SignOnTheGo has no obligation to provide User with duplicates of any Documents, and may remove and discard any Documents.
- Pertaining to the terms of this agreement, whether a User is or is no longer a User of SignOnTheGo or its products, he or she shall abide by the agreement’s provisions and that it shall extend beyond termination, Warranty, Limitation of Liability, Dispute Resolution, Governing Law, and Payment.
- User may cancel their User Account at any time, and cancellation shall be effective immediately; However, User forfeits its account and documents, and will not receive any refunds for any purchased or unused documents/templates.
- The term of this Agreement begins on the date you download SignOnTheGo application and select accept to continue to the app; and continues until you or SignOnTheGo cancels the account.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SIGNONTHEGO., OR ITS OWNERS, SUPPLIERS, RESELLERS, PARTNERS OR THEIR RESPECTIVE AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES INCLUDING BUT NOT LIMITED TO THE APPLICATION OR PRODUCT, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF SIGNONTHEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), LOSS OF BUSINESS, LOSS OF PROFITS, AND THE FOREGOING LIMITATIONS OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE APPLICATION OR PRODUCT, FROM AN INABILITY TO USE THE PRODUCT, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE PRODUCT (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DEATH OR BODILY INJURY OR THE LIMITATIONS ABOVE AND IN THOSE JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY.
Dispute and Conflict Resolution
- Where there is a conflict between these terms and any terms referenced herein, these terms will remain governed.
- Within the United States, this remains a binding arbitration clause and class action waiver. Understand that all parties shall attempt to resolve any dispute, claim or discrepancy, for both contractual or non-contractual matters, against SignOnTheGo, or its agents, employees, owners, affiliates, successors, through face to face negotiation, with individuals whom are fully authorized to resolve the Dispute/conflict, or through mediation encompassing a mutually agreeable mediator, rather than through litigation. In the event parties are unable to resolve the conflict/dispute through negotiation or mediation within a reasonable time after written notice from one party to the other that such a Dispute exists, the Dispute will be settled by binding arbitration in accordance with the then current CPR Rules for Non-Administered Arbitration. The Arbitration will be conducted before three (3) independent and impartial arbitrators. SignOnTheGo will appoint one (1) arbitrator and the other party or parties will appoint one (1) arbitrator. The two (2) appointed arbitrators will then select a third arbitrator, who shall be the presiding arbitrator. The arbitration hearing shall take place in Northern Virginia, and shall be governed by the United States Federal Arbitration Act to the exclusion of any inconsistent state laws. The arbitrators shall base their award on the terms of this Agreement, and will follow the law and judicial precedents that a United States District Judge sitting in the county of Fairfax would apply to the Dispute. The arbitrators shall render their award in writing and will include the findings of fact and conclusion of law upon which their award is based. Judgment upon the arbitration award may be entered by any court of competent jurisdiction. The existence or results of any negotiation, mediation or arbitration will be treated as confidential. Notwithstanding the foregoing, either party will have the right to obtain a temporary restraining order, preliminary injunction or other equitable relief to preserve the status quo or prevent irreparable harm, although the merits of the underlying Dispute will be resolved in accordance with this paragraph, from a court of competent jurisdiction. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Be known that each party may periodically engage in confidential information and proprietary trade and/or manufacturing secrets with the other party. The receiving party shall preserve in strict confidence any confidential or proprietary information obtained for the business or affairs of the disclosing party and affiliated entities, including but not limited to this Agreement provided by SignOnTheGo, its trade secrets, technology, marketing strategies, User lists, and information concerning the design or methods of such product(s) (“Confidential Information”), and shall refrain from disclosing, during the term of this Agreement or at any time thereafter, any such information to any person or persons, natural or corporate except as expressly provided herein. The receiving party agrees, with respect to Confidential Information disclosed hereunder, to use the same degree of care that it uses to prevent the disclosure of its own similar information. The receiving party may only use Confidential Information for the purpose of fulfilling its obligations and shall disclose the Confidential Information only to its own employees and to its attorneys, accountants and other professional advisors, or for those only whom have a reasonable need to know basis and who have agreed in writing under terms at least as stringent as these terms, to maintain such Confidential Information in confidence. The receiving party shall be liable for a breach of this section by any of its representatives to whom it discloses Confidential Information. The receiving party shall not have any obligation to protect Confidential Information which (a) was in the receiving party’s possession prior to receipt from the disclosing party; (b) is, or becomes, a matter of public knowledge through no act, omission or fault of the receiving party; or (c) is disclosed by the receiving party with the written permission of the disclosing party.
Entire Agreement and Assignment
User may not assign or transfer any rights or obligations under this Agreement. SignOnTheGo may freely assign its rights and obligations under this Agreement. Any attempted assignment or transfer in violation of the foregoing will be void. This Agreement, which incorporates the the SignOnTheGo Cloud Usage Terms constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding the application or Products. SignOnTheGo’s failure to enforce a provision is not a waiver of its right to do so provided any waiver of any provision of this Agreement and will be effective only if in writing and signed by SignOnTheGo’s owners.
The Products and software, including technical data, are subject to U.S. export control laws, including the U.S. Export Administration Act and its associated regulations, and may be subject to export or import regulations in other countries. User agrees to comply strictly with all such regulations and acknowledges that it has the responsibility to obtain licenses to export, re-export, or import Product or software including email transmissions.
Compliance with Laws
All Users and parties agrees to comply with all applicable laws related to such party’s performance of the obligations set forth in this Agreement, including but not limited to any applicable privacy laws.
All terms that by their nature should survive the termination or expiration of the agreement shall survive.
No Users or Neither party hereto shall be responsible for failure to timely perform any of its obligations under this agreement, if such failure is caused by the occurrence of any event beyond the reasonable control of such party, including without limitation, fire, flood, strikes, hurricanes, and other industrial disputes, failure of raw material, failure of transport, accidents, wars, riots, insurrections, acts of God or orders of any government department or agency.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
Relationship of the Users/Parties
The Users/parties intended in such agreements shall be that of an independent contractor. Neither SignOnTheGo nor SignOnTheGo, agents, employees, or servants shall be deemed to be an employee, agent, or servant of any user. SignOnTheGo is not to be considered to be an agent or employee of you for any purpose, and none of the benefits provided by you to your employees are available to SignOnTheGo or SignOnTheGo’s employees, agents, or servants. SignOnTheGo shall be solely and entirely responsible for SignOnTheGo’s acts and for the acts of SignOnTheGo’s agents, employees, servants and subcontractors during the performance of this Agreement.
The failure of either party to enforce at any time or for any period of time the terms of this document shall not be construed as a waiver of such terms or the rights of such party there- after to enforce each term contained herein.
If any term or condition of this agreement is held void or unenforceable, it shall be severed, and every other provision shall be enforced as if the void or unenforceable term or condition had never been a part hereof.