CORPORATE SUBSCRIBER TERMS AND CONDITIONS
DOCUSIGN ACCESS TERMS AND CONDITIONS
These DocuSign Access Terms and Conditions, together with the DocuSign Signature Terms and Conditions located at https://www.docusign.com/company/terms-and-conditions/web, (collectively, the “Agreement”) constitute a binding legal agreement between you, the Subscriber, and DocuSign, Inc. (“DocuSign,” “we,” “us,” and “our”) and govern access to and use of DocuSign Signature, including by an individual or any entity (and its employees, agents, and contractors) on whose behalf you accept these terms. If you access DocuSign Signature or register for a DocuSign Access Account, you accept this Agreement.
Capitalized terms used in these DocuSign Access Terms and Conditions and not defined have the meaning given to such terms in the DocuSign Signature Terms and Conditions. To the extent these DocuSign Access Terms and Conditions conflict with the DocuSign Signature Terms and Conditions, these DocuSign Access Terms and Conditions will govern.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST NOT ACCEPT THE AGREEMENT AND YOU ARE NOT PERMITTED TO USE DOCUSIGN SIGNATURE. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT AND YOU ARE NOT PERMITTED TO USE DOCUSIGN SIGNATURE.
If you are a direct competitor to DocuSign, you may not use DocuSign Signature without DocuSign’s explicit, advance, written consent.
We may modify this Agreement or any additional terms, which are relevant to a particular product or service, to reflect changes in the law or to DocuSign Signature. We will post the revised terms on the Site. PLEASE REVIEW THE SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE DOCUSIGN SIGNATURE AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED AGREEMENT. You agree that we shall not be liable to you or to any third party for any modification of the terms.
1.DocuSign Access Subscription
1.1.Upon your acceptance of this Agreement and registration for a free DocuSign Access Account, DocuSign will make a limited functionality version of DocuSign Signature (the “DocuSign Access Subscription”) available to Subscriber subject to a Seat Allowance and on a trial basis free of charge.
1.2.Subscriber’s use of the Account under a DocuSign Access Subscription is limited to sending Envelopes to DocuSign Access Program Members only (which means, for clarification, that additional charges may apply if Subscriber uses the DocuSign Access Subscription to send Envelopes to third parties not identified by DocuSign as DocuSign Access Program Members). Under the DocuSign Access Subscription, an Envelope is valid for sending by a Subscriber if there is a least one recipient on the Envelope that is of type “Signer” and whose email address is among the approved customer domains under DocuSign’s DocuSign Access Program.
1.3.Subscriber’s use of the DocuSign Access Subscription is limited to internal business use and, as such, Subscriber may not allow its customers, licensees, partners, or other third parties to use Subscriber’s Account under the DocuSign Access Subscription. Additional trial terms and conditions may appear on the DocuSign Access Account registration web page and any such additional terms and conditions are hereby incorporated into this Agreement and are legally binding.
2.1.Except for the limited warranty provided in the foregoing sentence and notwithstanding anything to the contrary in the DocuSign Signature Terms and Conditions, DocuSign makes no other warranty of any kind, whether express, implied in fact or by operation of law, or statutory, as to DocuSign Signature as provided to Subscriber under the DocuSign Access Subscription. DocuSign warrants that DocuSign Signature, as provided under the DocuSign Access Subscription, will perform in substantial accordance with the Specifications in their then-current form at the time of the provision of DocuSign Signature; provided, however, that any intended limitations to the functionality of DocuSign Signature will not be deemed a breach of this warranty.
2.2.If during the term of this Agreement, DocuSign Signature does not perform as warranted in the preceding section (a "Non-Conformity"), DocuSign will undertake to correct such Non-Conformity, or if correction is not commercially practicable, at DocuSign’s sole discretion, DocuSign will terminate this Agreement. The foregoing are Subscriber’s sole and exclusive remedies for a breach of this limited warranty. The warranty set forth above is made to and for the benefit of Subscriber only.
3.Term and Termination
3.1.The term of this Agreement begins on the date you accept it and continues until the earlier of (i) the start date on which you purchase a paid Subscription Plan for DocuSign Signature or (ii) termination of this Agreement by either party.
3.2.Either party may terminate Subscriber’s DocuSign Access Subscription for any reason by providing advance notice thereof. Subscriber may provide such notice to DocuSign sent by email to [email protected] from the Subscriber’s email address set forth in Subscriber's registration information, or by calling 1.866.219.4318.
3.3.If this Agreement expires or is terminated for any reason, the section titled “Effect of Termination” in the DocuSign Signature Terms and Conditions will apply.