Last Updated July 24, 2020
BY INSTALLING, ACCESSING OR USING THE APPLICATION, YOU AGREE TO BE BOUND BY THESE TERMS AND THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND GROWTHCLICK. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APPLICATION OR REGISTER FOR A USER ACCOUNT.
As used in these Terms, the terms “you” and “your” shall be deemed to refer to the person who has downloaded the Application and any person who uses the Application. As used in these Terms, the terms “we,” “us,” and “our,” refer to GrowthClick and its employees, directors, officers, subcontractors, representatives and agents.
1.1 Subscription Service: Developed and operated by GrowthClick, JetSign is an online service and set of software applications for capturing and processing electronic signatures and documents on behalf of one or more parties. JetSign is available through the App Store (Apple), Play Store (Google), and online for direct customers at www.JetSign.com. The service and software are available in a limited, free trial version and on a paid basis with annual and monthly subscriptions available from and billed by Apple (for iPhone/iPad users), Google (for Android users), or GrowthClick directly (for web-based users paying directly online).
1.3 Apple App Store Subscriptions: Payment will be charged to your Apple ID account at the confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscription by going to your account settings on the App Store after purchase.
1.4 Google Play Store Subscriptions: Payment will be charged to your Google Play Store account at the confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can manage and cancel your subscription by going to your account settings on Google Play after purchase.
1.5 Direct Web-Based Subscriptions: Payment will be charged at the confirmation of purchase. Subscription automatically renews unless it is canceled at least 24 hours before the end of the current period. Your account will be charged for renewal within 24 hours prior to the end of the current period. You can cancel your subscription and update billing details by going to your account settings after purchase. For security purposes, all credit card transactions are managed through Stripe, a secure payment processor.
1.6 Data Charges: You are responsible for obtaining the data network access necessary to use the Application. Data and messaging rates and fees of your network provider may apply if you access the Application from any device, including your mobile device.
1.7 Legality and Regulatory Compliance: Electronic signatures are a valid, legally binding alternative to ink-based wet signatures for commercial agreements in most countries. In many countries, electronic signatures are not legally binding for certain classes of legal documents including wills, trusts created out of wills and codicils, certain powers of attorney, official court documents, and some real estate agreements. Electronic signature law and compliance regulations differ based on location and industry, so we recommend consulting with an experienced legal advisor.
Though JetSign is designed in consideration of electronic signature regulations and data protection and privacy regulations, JetSign's software and services are provided on an “as is” and “as available” basis. Your use or reliance upon JetSign is at your sole risk and discretion, and you are responsible for determining whether JetSign meets the regulatory requirements for electronic signatures, data protection, and privacy that may be applicable to you or your organization based on your location and industry. JetSign is not suitable for highly regulated industries that require CFR Part 11, HIPAA compliance, or PKI digital signatures. Please see sections 8, 9, and 10 for more information including our disclaimer of warranties, limitation of liability and indemnification rights.
1.8 Web Form Restrictions, Security, and Compliance: Depending on your subscription, you may add one or more documents to JetSign and publish them as a web-based form (“Web Form”) with a unique web address (Web Form Link). As a user, you may visit a Web Form Link published by another user of JetSign. You agree that Company does not investigate, monitor, represent or endorse the content presented in a Web Form or the collection of any information through a Web Form and that Web Form content and usage is a Third Party Content and Service as described in section 6.1.
JetSign is not suitable for the collection or processing of sensitive information that should not be transmitted by email, such as credit card information and protected health information (PHI). While we take security very seriously and all documents and form submission data are stored in PCI Level 1 accredited data centers operated by Amazon Web Services data centers, JetSign is not a PCI compliant e-commerce solution and should not be used to collect payment information from your customers. Company uses Stripe to process and store e-commerce transactions related to direct subscriptions on jetsign.com.
2. License Grant, and Restrictions on Use
2.2 License Grant. Company grants You a revocable, non-exclusive, non-transferable, limited right to install and use the Application on up to 5 mobile devices or computers owned and controlled by You, and to access and use the Application on such mobile devices or computers strictly in accordance with these Terms, the Usage Rules and any service agreement associated with your mobile devices or computers (collectively "Related Agreements").
2.3 Restrictions on Use. You shall use the Application strictly in accordance with the terms of the Related Agreements and shall not: (a) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the Application; (b) make any modification, adaptation, improvement, enhancement, translation or derivative work from the Application; (c) violate any applicable laws, rules or regulations in connection with Your access or use of the Application; (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of Company or its affiliates, partners, suppliers or the licensors of the Application; (e) use the Application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) install, use or permit the Application to exist on more than 5 mobile devices or computers at a time; (g) make the Application available over a network or other environment permitting access or use by multiple Mobile Devices or users at the same time; (h) use the Application for creating a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for any services, product or software offered by Company; (i) use the Application to send automated queries to any website or to send any unsolicited commercial e-mail; (j) use the Application for phishing, fraud, impersonation, spam, malware, or copyright infringement; (k) use the Application to share or publish content that promotes hate, violence, or illegal/offensive activities; (l) use the Application to share or publish content depicting nudity, graphic sex acts, or pornography; (m) use any proprietary information or interfaces of Company or other intellectual property of Company in the design, development, manufacture, licensing or distribution of any applications, accessories or devices for use with the Application.
3. Intellectual Property Rights
3.1 Rights to Application. You acknowledge and agree that the Application and all copyrights, patents, trademarks, trade secrets and other intellectual property rights associated therewith are, and shall remain, the property of Company. Furthermore, You acknowledge and agree that the source and object code of the Application and the format, directories, queries, algorithms, structure and organization of the Application are the intellectual property and proprietary and confidential information of Company and its affiliates, licensors and suppliers. Except as expressly stated in these Terms, You are not granted any intellectual property rights in or to the Application by implication, estoppel or other legal theory, and all rights in and to the Application not expressly granted under these Terms are hereby reserved and retained by Company.
3.2 Third Party Software. The Application may utilize or include third party software that is subject to open source and third party license terms ("Third Party Software"). You acknowledge and agree that Your right to use such Third Party Software as part of the Application is subject to and governed by the terms and conditions of the open source or third party license applicable to such Third Party Software, including, without limitation, any applicable acknowledgements, license terms and disclaimers contained therein. In the event of a conflict between these Terms and the terms of such open source or third party licenses, the terms of the open source or third party licenses shall control with regard to Your use of the relevant Third Party Software. In no event, shall the Application or components thereof be deemed to be “open source” or “publicly available” software.
3.3 Company’s Marks. JetSign® is a registered trademark of GrowthClick Inc. You are not authorized to use the Company trademarks in any advertising, publicity or in any other commercial manner without the prior written consent of Company, which may be withheld for any or no reason.
3.4 Infringement Acknowledgement. You and Company acknowledge and agree that, in the event of a third party claim that the Application or Your possession or use of the Application infringes any third party’s intellectual property rights, You (and not Company) will be responsible for the investigation, defense, settlement and discharge of any such claim of intellectual property infringement. You will, however, promptly notify Company in writing of such a claim.
4. Restriction on Transfer. You may not rent, lease, lend, sublicense or transfer the Application, the license or any of the rights granted hereunder. Any attempted transfer in contravention of this provision shall be null and void and of no force or effect.
5. Use of Information
5.1 Consent to Use Information. You hereby authorize and consent to the collection, storage and use, by Company and its affiliates, partners and agents, of any information and data related to or derived from Your use of the Application, and any information or data that You provide to Company and its affiliates, partners and licensors (“Information”). Without limiting the generality of the foregoing, the Information shall include, without limitation, the following types of information and data, in an aggregate (not user level) form: search requests, search results, patterns, data and suggestions based on user actions. Notwithstanding the foregoing, You shall not provide or disclose and the Information shall not include any information or data that is personally identifiably to You. The Information will be treated as being non-confidential and nonproprietary, and Company assumes no obligation to protect confidential or proprietary information (other than personally identifiable information) from disclosure and will be free to reproduce, use, and distribute the Information to others without restriction. We will also be free to use any ideas, concepts, know-how or techniques contained in the Information for any purpose whatsoever including, without limitation, developing, manufacturing and marketing products and services incorporating such Information.
6. Third Party Content and Services
6.1 General. You acknowledge that the Application permits access to products, services, web-sites, advertisements, promotions, recommendations, advice, information, and materials created and provided by advertisers, publishers, content partners, marketing agents, vendors and other third parties (“Third Party Content and Services”).
6.2 Disclaimer. You acknowledge that Company does not investigate, monitor, represent or endorse the Third Party Content and Services (including any third party websites available through the Application). Furthermore, Your access to and use of the Third Party Content and Services is at Your sole discretion and risk, and Company and its affiliates, partners, suppliers and licensors shall have no liability to You arising out of or in connection with Your access to and use of the Third Party Content and Services. Company hereby disclaims any representation, warranty or guaranty regarding the Third Party Content and Services, whether express, implied or statutory, including, without limitation, the implied warranties of merchantability or fitness for a particular purpose, and any representation, warranty or guaranty regarding the availability, quality, reliability, features, appropriates, accuracy, completeness, or legality of the Third Party Content and Services.
6.3 Third Party Terms of Service. You acknowledge and agree that Your access to and use of the Third Party Content and Services and any correspondence or business dealings between You and any third party located using the Application are governed by and require Your acceptance of the terms of service of such third party, including, without limitation, any terms, privacy policies, conditions, representations, warranties or disclaimers contained therein. Furthermore, You acknowledge and agree that the Third Party Content and Services and any related third party terms of service are subject to change by the applicable third party at its sole discretion and without any notice. You assume all risks arising out of or resulting from your transaction of business over the Internet and with any third party, and you agree that Company and its affiliates, partners, suppliers and licensors are not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers. Furthermore, You acknowledge and agree that You are not being granted a license to (i) the Third Party Content and Services; (ii) any products, services, processes or technology described in or offered by the Third Party Content and Services; or (iii) any copyright, trademark, patent or other intellectual property right in the Third Party Content or Services or any products, services, processes or technology described or offered therein.
6.4 Endorsements. You acknowledge and agree that the provision of access to any Third Party Content and Service shall not constitute or imply any endorsement by Company or its affiliates of such Third Party Content and Services. Company reserves the right to restrict or deny access to any Third Party Content and Services otherwise accessible through the Application, although Company has no obligation to restrict or deny access even if requested by You.
6.5 Inappropriate Materials. You understand that by accessing and using the Third Party Content and Services, You may encounter information, materials and subject matter (i) that You or others may deem offensive, indecent, or objectionable; (ii) which may or may not be identified as having explicit language, and (iii) that automatically and unintentionally appears in search results, as a link or reference to objectionable material. Notwithstanding the foregoing, You agree to use the Third Party Content and Services at Your sole risk and that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for information, material or subject matter that is found to be offensive, indecent, or objectionable.
6.6 Use of Third Party Content and Services. You agree that the Third Party Content and Services contain proprietary information and material that is owned by Company and its affiliates, partners, suppliers and licensors and is protected by applicable intellectual property and other laws, including, without limitation, pursuant to copyright, and that You will not use such proprietary information or materials in any way whatsoever except for permitted use of the Third Party Content and Services. No portion of the Third Party Content and Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Third Party Content and Services, in any manner, and You shall not exploit the Third Party Content and Services in any unauthorized way whatsoever, including, without limitation, by trespass or burdening network capacity. You agree that You will not use any Third Party Content and Services in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by You.
7. Term and Termination
7.1 Term. These Terms shall be effective until terminated. You may terminate these Terms with GrowthClick at any time and for any reason by deleting your account on the Application and deleting the Application from your device(s).
7.2 Termination. Company may, in its sole and absolute discretion, at any time and for any or no reason, suspend or terminate these Terms and the rights afforded to You hereunder with or without prior notice. Furthermore, if You fail to comply with any terms and conditions of these Terms, then the license and any rights afforded to You hereunder shall terminate automatically, without any notice or other action by Company. Upon the termination of these Terms, You shall cease all use of the Application and uninstall the Application.
8. Disclaimer of Warranties. YOU ACKNOWLEDGE AND AGREE THAT THE APPLICATION IS PROVIDED ON AN "AS IS' AND "AS AVAILABLE" BASIS, AND THAT YOUR USE OF OR RELIANCE UPON THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES ACCESSED THEREBY IS AT YOUR SOLE RISK AND DISCRETION. COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND GUARANTIES REGARDING THE APPLICATION AND THIRD PARTY CONTENT AND SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, AND INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHERMORE, COMPANY AND ITS AFFILIATES, PARTNERS, SUPPLIERS AND LICENSORS MAKE NO WARRANTY THAT (I) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE APPLICATION OR THIRD PARTY CONTENT AND SERVICES WILL BE UNINTERRUPTED, ACCURATE, RELIABLE, TIMELY, SECURE OR ERROR-FREE; (III) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL ACCESSED OR OBTAINED BY YOU THROUGH THE APPLICATION WILL BE AS REPRESENTED OR MEET YOUR EXPECTATIONS; OR (IV) ANY ERRORS IN THE APPLICATION OR THIRD PARTY CONSENT AND SERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR FROM THE APPLICATION SHALL CREATE ANY REPRESENTATION, WARRANTY OR GUARANTY. FURTHERMORE, YOU ACKNOWLEDGE THAT COMPANY HAVE NO OBLIGATION TO CORRECT ANY ERRORS OR OTHERWISE SUPPORT OR MAINTAIN THE APPLICATION.
9. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL COMPANY OR ITS AFFILIATES, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE APPLICATION AND ANY THIRD PARTY CONTENT AND SERVICES, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY'S AGGREGATE LIABILITY TO YOU (WHETHER UNDER CONTRACT, TORT, STATUTE OR OTHERWISE) SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
10. Indemnification. You shall indemnify, defend and hold harmless Company and its affiliates, partners, suppliers and licensors, and each of their respective officers, directors, agents and employees (the "Indemnified Parties") from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with the following: (i) Your access to or use of the Application or Third Party Content and Services; (ii) Your breach of these Terms; (iii) Your violation of law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third party, including the infringement by You of any intellectual property or misappropriation of any proprietary right or trade secret of any person or entity. These obligations will survive any termination of these Terms.
11. Dispute Resolution. YOU ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
TO THE EXTENT PERMITTED BY LAW, ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND GROWTHCLICK OR ANY AUTHORIZED CONTRACTOR ARISING FROM OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF THE APPLICATION WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered under the Arbitration Act (British Columbia) (the “Arbitration Act”) by one (1) arbitrator (the “Arbitrator”) in Vancouver, British Columbia. The Arbitrator shall be selected by the mutual agreement of the parties to the arbitration or, failing such agreement, shall be appointed by a judge pursuant to the Arbitration Act. The Arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this Section 11, including any unconscionability challenge or any other challenge that this Section 11 or the Terms are void, voidable or otherwise invalid. The Arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the Arbitrator will be final and binding on each of the parties to the arbitration and may be entered as a judgment in any court of competent jurisdiction.
You agree to arbitration on an individual basis. In any dispute, YOU WILL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER USERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The Arbitrator may not consolidate more than one (1) person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The Arbitrator has no power to consider the enforceability of this class arbitration waiver and any challenge to this class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this Section 11 is found to be unenforceable, such provision will be severed and the remainder of this Section 11 will be enforced.
12. Compatibility. Company does not warrant that the Application will be compatible or interoperable with Your mobile device or computer or any other piece of hardware, software, equipment or device installed on or used in connection with your mobile device or computer. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Application and any updates. The Company does not guarantee that the Application will function on any particular hardware or devices. Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of your mobile device or computer to diminish or fail completely, and may result in permanent damage to Your mobile device or computer, loss of the data located on Your mobile device or computer, and corruption of the software and files located on Your mobile device or computer. You acknowledge and agree that Company and its affiliates, partners, suppliers and licensors shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
13. Product Claims. You acknowledge that You (not Company) are responsible for addressing any third party claims relating to Your use or possession of the Application, and agree to notify Company of any third party claims relating to the Application of which You become aware. Furthermore, You hereby release Company from any liability resulting from Your use or possession of the Application, including, without limitation, the following: (i) any product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) any claim arising under consumer protection or similar legislation.
14.1 Governing Law. These Terms are governed by the laws of the Province of British Columbia, and the federal laws of Canada applicable therein, and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. These terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded.
14.2 Severability. If any provision of these Terms is held to be invalid or unenforceable with respect to a party, the remainder of these Terms, or the application of such provision to persons other than those to whom it is held invalid or unenforceable shall not be affected and each remaining provision of these Terms shall be valid and enforceable to the fullest extent permitted by law.
14.3 Waiver. Except as provided herein, the failure to exercise a right or require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute waiver of any subsequent breach.
14.4 Export Control. You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction(s) in which the Application was obtained. You represent and warrant that You are not (x) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government or Canadian Government as a "terrorist supporting" country, or (y) listed on any U.S. Government or Canadian Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. You also agree that You will not use the Application for any purposes prohibited by United States or Canadian law.
14.5 Modification or Amendment. Company may modify or amend these Terms by posting a copy of the modified or amended Terms on the Company website (https://www.jetsign.com/terms). You will be deemed to have agreed to any such modification or amendment by Your decision to continue using the Application following the date in which the modified or amended Terms are posted on the Company website (https://www.jetsign.com/terms).
14.6 Survival. The following sections of these Terms and any other provisions of the Terms which by their express language or by their context are intended to survive the termination of the Terms shall survive such termination: sections 1.7, 1.8, 5, and 7 to 14.
14.7 Assignment. Except as permitted in Section 4, You shall not assign these Terms or any rights or obligations herein without the prior written consent of GrowthClick and any attempted assignment in contravention of this provision shall be null and void and of no force or effect.
14.8 Entire Agreement. This License including the documents incorporated herein by reference constitute the entire agreement with respect to the use of the Application licensed hereunder and supersedes all prior or contemporaneous understandings regarding such subject matter.
14.9 Language. Les parties aux présentes ont exigés que la présente convention ainsi que tous les documents et avis qui s’y rattachent et/ou qui en découleront soient rédigés en la langue anglaise. The parties hereto have required that these Terms and all documents and notices resulting therefrom be communicated only in English. Any translated version of these Terms are provided solely for your convenience. To the extent any translated version of these Terms conflicts with the English version, the English version shall prevail.
JetSign is a registered business name for GrowthClick Inc., a Canadian corporation. Our address is #250 - 5148 48th Avenue, Delta, BC, V4K 5B6, Canada.
If you have any questions, please contact us via email at help_@ jetsign.com or visit https://www.jetsign.com.