DOCUSIGN ID VERIFICATION ATTACHMENT for DOCUSIGN SIGNATURE
Service Attachment version date: March 27, 2019. Unless otherwise defined in this Service Attachment, capitalized terms will have the meaning given to them in the Agreement and Service Schedule.
“DocuSign ID Verification” (or the “IDV Service”) means the DocuSign Service that provides identification verification services to parties executing eDocuments using DocuSign Signature. The IDV Service allows a Customer to verify the identity of a Signer prior to Signer executing an eDocument sent by Customer through DocuSign Signature.
“Identity Provider(s)” means the third-party service authorized to confirm the identity of a Signer by verifying a form of Signer Identification as part of the IDV Service.
“Signer” means a person who is sent an eDocument by Customer via DocuSign Signature and who is requested to verify their identity through the IDV Service prior to electronically signing an eDocument.
“Signer Identification” means any data identifying a Signer that is collected by Customer through the IDV Service for the purpose of confirming the identity of such Signer. Such data may include a government-issued identification (e.g., a passport) or identification issued to Signer by a bank or national authority (e.g., an electronic ID), or Signer-held certificate (e.g., an electronic national ID card or equivalent delivered by a national authority).
2. CUSTOMER RESPONSIBILITIES
2.1 DocuSign’s provision of the IDV Service is conditioned on Customer’s acknowledgement of, and agreement to, the following:
(a) Customer acknowledges having received from DocuSign all of the information it requires to assess whether the IDV Service meets its needs and to take all necessary precautions for the implementation and operation of the IDV Service;
(b) The IDV Service facilitates the verification of Signer’s identity as part of a transaction with the Customer. DocuSign makes no representation or warranty regarding the validity or authenticity of any Signer Identification processed as part of the transaction between Signer and Customer using the IDV Service;
(c) Customer may use the IDV Service solely for the purpose of verifying the identity of a Signer as part of the execution of eDocuments within DocuSign Signature;
(d) DocuSign may audit Customer’s use of the IDV Service from time to time and as necessary to ensure compliance with the terms of the Agreement, including this Attachment. Customer shall cooperate with DocuSign in all respects in support of any audit and shall comply with any reasonable remediation actions identified by DocuSign; and
(e) Customer shall not use the IDV Service for the purpose of engaging in any pornographic business, any non-regulated gambling business, any illegal activities, false advertising, or to deliver regulated products and/or services without the necessary licenses in place. Failure to comply with this provision may result in DocuSign’s termination of Customer’s use of the IDV Service.
3. WARRANTIES AND DISCLAIMERS
3.1 DocuSign Service Warranties. DocuSign warrants that during the applicable Term, the IDV Service, when used as authorized under this Attachment, will perform substantially in conformance with associated Documentation. Customer’s sole and exclusive remedy for any breach of this warranty by DocuSign is for DocuSign to repair or replace the affected IDV Service to make it conform, or, if DocuSign determines that the foregoing remedy is not commercially reasonable, then either Party may terminate this Attachment.
3.2 Disclaimer. Except for the express representations and warranties stated in this Section 3 (Warranties and Disclaimers), DocuSign: (a) makes no additional representation or warranty of any kind as to any matter whatsoever; (b) disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, and title; and (c) does not warrant that the IDV Service is or will be error-free or meet Customer’s requirements. Customer has no right to make or pass on any representation or warranty on behalf of DocuSign to any third party.
4. THIRD-PARTY CLAIMS
In addition to the third-party claims obligations set forth in the Agreement, Customer shall indemnify DocuSign and its employees, Affiliates, directors, agents, and representatives (“Indemnified Parties”) from, and defend DocuSign and the Indemnified Parties against, any Claim to the extent arising from or related to: (a) any representations or warranties regarding the IDV Service made by Customer to any third parties (including, without limitation, Signers) not authorized by DocuSign; and (b) non-performance of any obligations by Customer defined under this Attachment.