NomaSign Terms of Use
1. Agreement to Terms
These Terms of Use are a legal agreement between you and NomaSign covering your use of our signing platform, website, and related services (collectively, the "Service").
By using the Service, you agree to these Terms. If you don't agree, please don't use the Service.
We may update these Terms from time to time. If we make significant changes, we'll notify you by email or through the Service. Your continued use of NomaSign after those changes take effect means you accept the updated Terms.
2. The Service
NomaSign is a cloud-based platform for sending, signing and managing documents electronically. Upload documents, drop in signature fields, send them off for signing, and track the status of each request. The platform plugs into cloud storage services (OneDrive and Google Drive), takes care of email notifications and reminders, keeps audit trails, and includes team collaboration features.
3. Your Account
Most features need an account. When you create one, the information you provide must be accurate and you should keep it current. Login credentials are your responsibility. Keep them secure, and if you suspect unauthorised access, let us know straight away.
Accounts that violate these Terms, or that have been inactive for an extended period, may be suspended or closed.
4. Acceptable Use
Use NomaSign for lawful purposes only. The Service must not be used to break the law. That means no illegal, harmful, abusive or defamatory content, no attempts to access systems or accounts you aren't authorised to use, and no interference with how the Service runs. Don't transmit malware or malicious code, and don't impersonate anyone. Automated tools are off-limits without our permission, and reselling or redistributing the Service without authorisation is prohibited.
5. Fair Use
Unlimited document signing comes with a fair use policy. The intent here is normal business operations. Your real document needs, including the busier weeks. It is not intended for bulk mailing, document archival, or volumes wildly out of proportion to your plan and team size.
If usage shoots significantly past typical patterns, we'll get in touch to discuss options. Accounts that abuse the policy may have their access limited or suspended.
6. Electronic Signatures
Electronic signatures created through NomaSign are legally recognised in many jurisdictions. We're a technology provider though, not a law firm. We can't advise you on whether an electronic signature is the right fit for your particular document or situation. Some transactions still require wet ink signatures or notarisation by law. If a document carries significant legal implications, talk to a lawyer.
When You Sign
By signing a document through NomaSign, you confirm that you are the intended signer (or are authorised to sign on behalf of the party you represent), and that you accept your electronic signature as carrying the same legal effect as a handwritten signature under applicable law. That includes the ESIGN Act, eIDAS, and similar legislation.
You also agree to transact electronically and receive documents in digital form. Once submitted, your signature is final. You cannot unilaterally revoke it.
NomaSign is the platform. We don't review document content or guarantee enforceability. By using the Service, you release NomaSign, including our parent companies, subsidiaries, affiliates, and their officers, directors, employees, agents and representatives, from liability related to your use of the Service or the documents you sign.
7. Third-Party Services
NomaSign integrates with third-party services like OneDrive, Google Drive and email providers. Each of those services has its own terms and conditions. We aren't responsible for their operation, availability or security.
8. Intellectual Property
NomaSign owns the platform itself, including the software, design and content we create. All of that is protected by copyright, trademark, and other intellectual property laws.
Your documents stay yours. When you upload content, you grant us a limited licence to process, store and transmit it as needed to actually deliver the service. That licence ends when you delete your content or close your account.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOMASIGN AND ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND REPRESENTATIVES (THE "NOMASIGN PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL, ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ACTIONS OF THIRD PARTIES ON THE PLATFORM; (C) UNAUTHORISED ACCESS TO YOUR DATA; OR (D) THE LEGAL ENFORCEABILITY OF DOCUMENTS SIGNED THROUGH THE SERVICE.
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, CONTINUOUSLY AVAILABLE, SECURE, OR FREE OF ERRORS.
YOU USE NOMASIGN AT YOUR OWN RISK. WE ARE NOT A LAW FIRM AND MAKE NO REPRESENTATIONS ABOUT WHETHER DOCUMENTS OR ELECTRONIC SIGNATURES WILL BE LEGALLY ENFORCEABLE IN YOUR JURISDICTION.
11. Indemnification
You agree to defend, indemnify, and hold harmless the NomaSign Parties from and against any claims, damages, losses, liabilities, and expenses (including reasonable legal fees) arising from: your use of the Service, your breach of these Terms, your violation of any third party's rights, the documents you upload or sign, or any dispute with another party concerning a signed document.
12. Governing Law and Disputes
These Terms are governed by the laws of South Africa. If a dispute arises, we encourage you to contact us first to seek an informal resolution. If that fails, the dispute will be resolved through binding arbitration or in the courts of South Africa, at NomaSign's election.
13. Termination
You may close your account at any time through your account settings or by contacting us. We may suspend or terminate your access without notice if you violate these Terms.
Upon termination, your right to use the Service ends. Provisions of these Terms that by their nature should survive (including intellectual property, disclaimers, indemnification, and limitations of liability) will continue to apply.
14. Third-Party Beneficiaries
NomaSign's parent companies, subsidiaries, and affiliates are intended third-party beneficiaries of these Terms and may enforce them directly against you. No other person or entity is a third-party beneficiary.