COMMENTS ATTACHMENT for DOCUSIGN SIGNATURE
Service Attachment revision date: September 29, 2017. Unless otherwise defined in this Service Attachment, capitalized terms will have the meaning given to them in the Agreement and Service Schedule.
“Comments” means the online text messages included with eDocuments in an Envelope, which Authorized Users may input, access, retain, share with, and receive from parties via DocuSign Signature using DocuSign Comments.
“Comments Functionality” means the service within DocuSign Signature that facilitates the input, access, retention, and sharing of Comments.
“DocuSign Comments” means the DocuSign Service within DocuSign Signature that enables Signers and Authorized Users to communicate with each other within an Envelope using the Comments Functionality.
“Signer” means a person designated by an Authorized User to use DocuSign Signature with DocuSign Comments with respect to eDocuments and Comments, subject to accepting the Electronic Record and Signature Disclosure.
2. ADDITIONAL CUSTOMER RESPONSIBILITIES FOR USE OF DOCUSIGN COMMENTS
2.1 DocuSign’s provision of DocuSign Comments for use with DocuSign Signature is conditioned on Customer’s acknowledgement of, and agreement to, the following:
(a) Customer is solely responsible for registering and maintaining a DocuSign account with Comments Functionality in order to facilitate the communication functionality via DocuSign Comments;
(b) As between DocuSign and Customer, Customer is solely responsible for complying with all laws applicable to the content, communications, and use of DocuSign Comments and Comments Functionality by its Authorized Users and Signers, and Customer represents and warrants it will use and permit use of DocuSign Comments solely for lawful purposes and only in accordance with the terms of the Agreement;
(c) Comments content is encrypted and stored with eDocuments inside an Envelope; therefore, DocuSign is not able to view such content or provide unencrypted copies of such content exchanged by users via DocuSign Comments to Customer or any third parties;
(d) All other terms and condition of the Agreement and the Service Schedule for DocuSign Signature apply to Customer’s use of DocuSign Comments as part of DocuSign Services.
3. ADDITIONAL WARRANTY DISCLAIMERS AND INDEMNITY
3.1 DocuSign Comments is intended solely to facilitate the lawful exchange of Comments between Authorized Users and Signers in relation to eDocuments in Envelopes using DocuSign Signature. No other use or application is authorized or licensed. Customer will defend and indemnify DocuSign’s and its Affiliates’ Indemnified Parties from and against any Claim to the extent arising from or related to allegations that Customer or its Authorized Users or Signers: (a) made unauthorized use of DocuSign Comments or otherwise breached obligations to DocuSign hereunder; (b) violated or infringed the rights of a third party through use of or in relation to DocuSign Comments; or (c) breached any terms of an agreement between Customer and an Authorized User or Signer or breached any other legal duty owed through any act or omission involving DocuSign Comments.3.2 DOCUSIGN: (A) MAKES NO ADDITIONAL REPRESENTATION OR WARRANTY OF ANY KIND -- WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY -- AS TO ANY MATTER WHATSOEVER; (B) DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING WITHOUT LIMITATION MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE; AND (C) DOES NOT WARRANT THAT DOCUSIGN COMMENTS IS OR WILL BE UNINTERRUPTED OR ERROR-FREE OR MEET CUSTOMER’S REQUIREMENTS. BECAUSE AUTHORIZED USERS, SIGNERS, OR OTHER PARTIES WHO RECEIVE, COPY, PROCESS, OR STORE COMMENTS MAY HAVE ACCESS TO UNENCRYPTED CONTENTS, DOCUSIGN IS NOT RESPONSIBLE FOR UNAUTHORIZED DISCLOSURE OR USE OF COMMENTS BY ANY THIRD PARTIES. CUSTOMER REPRESENTS AND WARRANTS THAT IT WILL NOT MAKE OR PASS ON ANY REPRESENTATION OR WARRANTY ON BEHALF OF DOCUSIGN TO ANY THIRD PARTY.