NomaSignNomaSign

NomaSign Terms of Use

1. Agreement to Terms

These Terms of Use ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and NomaSign ("we", "us", or "our") governing your access to and use of the NomaSign digital signing platform, website, and related services (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Material changes will be notified via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

2. Description of Service

NomaSign provides a cloud-based electronic signature platform that enables users to send, sign, and manage documents digitally. The Service includes:

  • Document upload and preparation for electronic signing
  • Electronic signature capture and verification
  • Integration with third-party cloud storage providers (Microsoft OneDrive, Google Drive)
  • Email notifications and reminders
  • Audit trail and document tracking
  • Team collaboration features

3. Account Registration and Security

To access certain features of the Service, you must register for an account. You agree to:

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

We reserve the right to suspend or terminate accounts that violate these Terms or that have been inactive for an extended period.

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service for any illegal purpose or in violation of any applicable laws
  • Upload or transmit documents containing illegal, harmful, threatening, abusive, or defamatory content
  • Attempt to gain unauthorized access to the Service or its related systems
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use the Service to transmit malware, viruses, or other harmful code
  • Impersonate any person or entity or misrepresent your affiliation
  • Use automated means to access the Service without our express permission
  • Resell or redistribute the Service without authorization
  • Use the Service in a manner that exceeds reasonable use or constitutes abuse

5. Fair Use Policy

NomaSign offers unlimited document signing under a fair use policy. This policy is designed to accommodate typical business usage patterns, including occasional spikes in volume. Fair use means:

  • Using the Service for your legitimate business operations
  • Document volumes consistent with your subscription tier and team size
  • Not using the Service as a document repository or for mass mailing purposes

If your usage significantly exceeds typical patterns, we will contact you to discuss appropriate plan adjustments. We reserve the right to limit or suspend accounts that abuse this policy.

6. Electronic Signatures

The Service facilitates electronic signatures that are widely recognized as legally valid in many jurisdictions worldwide. However:

  • NomaSign does not provide legal advice regarding the enforceability of electronic signatures
  • Certain documents may require wet signatures or notarization under applicable law
  • You are responsible for determining whether electronic signatures are appropriate for your specific use case
  • We recommend consulting legal counsel for documents with significant legal implications

6.1 Electronic Signature Consent

By using the Service to sign documents electronically, you acknowledge and agree that:

  • You are the intended recipient of the signing request and are authorized to sign on your own behalf or on behalf of the entity you represent
  • Your electronic signature shall have the same legal effect, validity, and enforceability as a handwritten signature under applicable electronic signature laws, including but not limited to the Electronic Signatures in Global and National Commerce Act (ESIGN Act) in the United States, the eIDAS Regulation in the European Union, and equivalent laws in other jurisdictions
  • You consent to conducting transactions electronically and to receiving documents, notices, and disclosures in electronic form
  • Once submitted, your electronic signature is final and binding, and you may not unilaterally revoke or withdraw it
  • NomaSign acts solely as a technology platform facilitating electronic signatures and does not review, verify, or warrant the content, legality, or enforceability of any document signed through the Service
  • You release NomaSign, its parent companies, subsidiaries, affiliates, and their respective officers, directors, employees, agents, and representatives from any liability arising from your use of the Service or the documents you sign

7. Third-Party Integrations

The Service integrates with third-party services including Microsoft OneDrive, Google Drive, and email providers. Your use of these integrations is subject to the respective third-party terms of service. We are not responsible for the availability, security, or functionality of third-party services.

8. Intellectual Property

The Service and its original content, features, and functionality are owned by NomaSign and are protected by international copyright, trademark, and other intellectual property laws. You retain ownership of all documents and content you upload to the Service.

You grant NomaSign a limited, non-exclusive license to process, store, and transmit your documents solely for the purpose of providing the Service. This license terminates when you delete your documents or close your account.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOMASIGN, ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (COLLECTIVELY, THE "NOMASIGN PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

  • Your access to or use of or inability to access or use the Service
  • Any conduct or content of any third party on the Service
  • Any content obtained from the Service
  • Unauthorized access, use, or alteration of your transmissions or content
  • The content, legality, or enforceability of any document signed through the Service
  • Any reliance on electronic signatures facilitated through the Service

In no event shall the NomaSign Parties' total aggregate liability exceed the amount paid by you to NomaSign during the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE NOMASIGN PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR THE DOCUMENTS PROCESSED THROUGH IT.

The NomaSign Parties do not warrant that the Service will be uninterrupted, secure, or error-free, or that defects will be corrected. You use the Service at your own risk. The NomaSign Parties do not provide legal advice and make no representations regarding the legal validity or enforceability of any documents or electronic signatures in any particular jurisdiction.

11. Indemnification

You agree to indemnify, defend, and hold harmless the NomaSign Parties from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with: (a) your access to or use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another; (d) any documents you upload, sign, or transmit through the Service; or (e) any dispute between you and any other party regarding a document signed through the Service.

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or in the courts of South Africa, at NomaSign's discretion.

13. Termination

You may terminate your account at any time by contacting us or using the account settings in the Service. We may terminate or suspend your access immediately, without prior notice, if you breach these Terms.

Upon termination, your right to use the Service will immediately cease. Provisions that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

14. Third-Party Beneficiaries

NomaSign's parent companies, subsidiaries, and affiliates are intended third-party beneficiaries of these Terms and shall have the right to enforce the provisions of these Terms directly against you. Except as expressly provided herein, there are no other third-party beneficiaries to these Terms.

15. Contact Information

For questions about these Terms, please contact us:

  • Email: Contact support