Docusign Service Schedules and Other Schedule of Terms for Web Plan Customers and Service End Users

Schedule A: SERVICE SCHEDULE FOR DOCUSIGN ESIGNATURE

Schedule B: SERVICE SCHEDULE FOR DOCUSIGN NOTARY

Schedule C: SERVICE SCHEDULE FOR DOCUSIGN NOTARY CONNECT

Schedule D: SERVICE SCHEDULE FOR DOCUSIGN DATA VERIFICATION

Schedule E: SCHEDULE OF TERMS FOR EARLY ACCESS OR BETA PROGRAM(S)

Schedule F: SCHEDULE OF TERMS FOR DOCUSIGN APP CENTER

Schedule G: DIGITAL SIGNATURE SERVICE SCHEDULE

Schedule H: ID VERIFICATION SERVICE SCHEDULE FOR DOCUSIGN ESIGNATURE

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SCHEDULE A: SERVICE SCHEDULE FOR DOCUSIGN ESIGNATURE 

Version date: May 2, 2022

Unless otherwise defined in this Service Schedule for Docusign eSignature (the “Schedule”), capitalized terms will have the meaning given to them in the General Terms.

1. DEFINITIONS

a.“Docusign eSignature” means the on-demand electronic signature Docusign Service, which provides online display, certified delivery, acknowledgement, electronic signature, and storage services for eDocuments via the Internet.

b. “eDocument” means a contract, notice, disclosure, or other record or document generated using or deposited into the Docusign Service for processing.

c. “Envelope” means an electronic record containing one or more eDocuments consisting of a single page or a group of pages of data uploaded to the System.

d. “Signer” means a person designated by an Authorized User to access and/or take action upon the eDocuments sent to such individual via Docusign eSignature.

e. “System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by Docusign or its agents to make available the Docusign eSignature service via the Internet.

f. “Transaction Data” means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses, and signature IDs) that Docusign may use to generate and maintain the digital audit trail required by Docusign eSignature.

2. ADDITIONAL USAGE LIMITATIONS AND CUSTOMER RESPONSIBILITIES

a. Docusign’s provision of Docusign eSignature is conditioned on Customer’s acknowledgement of and agreement to the following:

i. Docusign eSignature facilitates the completion and/or execution of eDocuments between the parties to those eDocuments. Nothing in this Schedule may be construed to make Docusign a party to any eDocument processed through Docusign eSignature, and Docusign makes no representation or warranty regarding the transactions sought to be effected by any eDocument;

ii. Between Docusign and Customer, Customer has exclusive control over and responsibility for the content, quality, and format of any eDocument. Without limiting the foregoing, all eDocuments, together with any messages included within an Envelope, stored by Docusign on the System are maintained in an encrypted form, and Docusign has no control of or access to their contents except to the extent access is requested in writing and made available by Customer to Docusign;

iii. Certain types of agreements and documents may be excepted from electronic signature laws (e.g. wills and agreements pertaining to family law), or may be subject to specific regulations promulgated by various government agencies regarding electronic signatures and electronic records. Docusign is not responsible or liable to determine whether any particular eDocument is (i) subject to an exception to applicable electronic signature laws; (ii) subject to any particular agency promulgations; or (iii) can be legally formed by electronic signatures;

iv. Docusign is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, Docusign is not responsible for or liable to produce any of Customer’s eDocuments or other documents to any third parties;

v. Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. Docusign does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) comply with any such special requirements;

vi. Customer undertakes to determine whether any “consumer” is involved in any eDocument presented by its Authorized Users for processing, and, if so, to comply with all requirements imposed by law on such eDocuments or their formation;

vii. Customer agrees that its assigned Account Administrator(s) has authority to provide Docusign with and accept from Docusign any required authorizations, requests, or consents on behalf of Customer with respect to Customer’s Account; 

viii. Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to Docusign in relation to the Docusign Services, including without limitation instructions through its Account as made by the assigned Account Administrator;

ix. Customer may elect to utilize a digital certificate, service, or process that authenticates a Signer’s identity or the authenticity of an eDocument as part of a Docusign eSignature.  If that digital certificate, service, or process is provided by anyone other than Docusign, even where the digital certificate, service, or process is chosen from a menu from within the Docusign Services, Customer agrees that it is solely responsible for determining the reliability, validity, and legality of that third party digital certificate, service, or process and agrees that Docusign is not responsible to determine whether any such digital certificate, service, or process is reliable, valid, or legal; and

x. Customer agrees that if Customer is invited as an intermediary into another Docusign customer’s network, Customer shall be bound by the rules prescribed by that Docusign customer, and Customer agrees to be liable for all of their acts or omissions as a result of their use of the Docusign customer’s network.

b. Subscription Plans purchased on www.docusign.com may not be used in conjunction with Docusign APIs and are available for use with a limited number of integrations.

3. eDOCUMENT STORAGE AND DELETION

a. Sending, Storage. During the Term, Docusign will send and store eDocuments per these Terms of the Subscription Plan. However, Docusign may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of Docusign eSignature. Customer, through its Account Administrator(s), may retrieve and store copies of its eDocuments for storage outside of the System at any time during the Subscription Term when Customer is in good financial standing under these Terms, and may delete or purge its eDocuments from the System at its own discretion. 

b. Uncompleted eDocuments. Docusign may, at its sole discretion, delete uncompleted eDocuments from the System immediately and without notice upon the earlier of: (a) expiration of the Envelope (where Customer has established an expiration for such Envelope, not to exceed 365 days); or (b) expiration of the Subscription Term. Docusign assumes no liability or responsibility for a party’s failure or inability to electronically sign any eDocuments within such a period of time.

c. Deletion. Docusign may delete an Account and Customer Data, including without limitation eDocuments (whether complete or not), upon the expiration of the Subscription Term or termination as described in Section 4.6 (Term and Termination for Docusign Services) of General Terms. In addition, Docusign may delete eDocument(s) in a Customer Account at the explicit direction of such Customer and such deletion may also result in the deletion of such eDocument(s) from a Signer Account. Signer hereby acknowledges that any eDocument(s) sent by another Customer to Signer shall be deleted from the Signer’s Docusign eSignature Account when such sending Customer initiates a purge of such eDocument(s) from the sending Customer(s) Account. Signer acknowledges its responsibilities regarding Customer Data under Section 4(a) below and hereby agrees that it is solely responsible for maintaining, if desired, backup copies of its eDocuments (including backup copies stored outside of Docusign eSignature) and further agrees that Docusign is not responsible for: a) storing eDocuments in a Signer Account after a sending Customer Account purge of such eDocuments; or b) maintaining backup storage of eDocuments on behalf of Signer.  

d. Retention of Transaction Data. Docusign may retain Transaction Data for as long as it has a business purpose (which if required under applicable law, is covered by a legal basis) to do so.

e. Usage Data. With respect to this Schedule, Usage Data may include, without limitation, any data models created, extrapolated, derived from, adapted, enhanced, or developed by Docusign using Customer Data and Customer’s and/or its Authorized User’s use of the Docusign Services, and any underlying data architecture, including, without limitation, the data infrastructure, schema, rules, components, specifications, methods or processes and components that dictate how data interacts and is organized, calculated or translated from various sources into one or more meaningfully defined data models and related security protocols as integrated and applies at each stage of data processing. Without limitation of any term in the Terms, Docusign may analyze Customer Data and Customer usage patterns using techniques such as machine learning in order to improve and develop Docusign’s current and future products, services, methods, and processes. Any output from such machine learning techniques, including the resultant machine learning models, is deemed Usage Data that is owned by Docusign. Docusign retains all right, title, and interest in and to the Usage Data, and any unauthorized use of Usage Data is strictly prohibited. 

4. INFORMATION SECURITY AND PERSONAL DATA

a. Customer Responsibilities. Docusign eSignature provides Customer with certain features and functionalities that Customer may elect to use, including the ability to retrieve and delete its eDocuments in the System. Customer is responsible for properly: (a) configuring Docusign eSignature; (b) using and enforcing controls available in connection with Docusign eSignature (including any security controls); and (c) taking such steps, in accordance with the functionality of Docusign eSignature, that Customer deems adequate to maintain appropriate security, protection, deletion, and backup of Customer Data, which include controlling the management of Authorized Users’ access and credentials to Docusign eSignature, controlling Customer Data that is Processed by Docusign eSignature, and controlling the archiving or deletion of eDocuments in the System. Customer acknowledges that Docusign has no obligation to protect Customer Data, including Personal Data (defined below), that Customer elects to store or transfer outside of Docusign eSignature (e.g., offline or on-premise storage).

b. Information Security. Docusign will employ commercially reasonable technical and organizational measures that are designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of Customer Data.

5. ACCOUNTS & ORGANIZATIONAL ADMINISTRATION. Each Account is associated with a single email address. If the domain of the primary email address associated with an Account is owned by a business or other organization (“Entity”), such as yourname@youremployer.com (“Entity Email Address”), Customer consents to Docusign sharing your Entity Email Address with the  Entity pursuant to the Entity’s ownership of such Entity Email Address. Entity and its Account Administrator(s) may: (a) identify Accounts created with an Entity Email Address; and (b) restrict or terminate access to an Account created with an Entity Email Address. Customer acknowledges and agrees that Docusign may assist Entity with such administration.

6. DOCUSIGN PAYMENTS

a. Docusign eSignature may be ordered with “Docusign Payments,” which means functionality that allows Customer to submit agreements, invoices, and other documents to Signers via Docusign eSignature to facilitate the submission of Signer payment credentials and authorizations directly to payment applications, gateways, processors, and service providers that store, process, or transmit cardholder data as part of authorization or settlement (“Payment Applications”).

b. Docusign’s provision of Docusign Payments is conditioned on Customer’s acknowledgement of and agreement to the following: 

i. The payment processing activities facilitated through Docusign Payments are between Customer and a Payment Application or another third party designated by Customer and not with Docusign. Customer is solely responsible for registering and maintaining an account with Payment Applications to facilitate the payment processing via Docusign Payments and for complying with all agreements, terms of use, or other terms and conditions between Customer and such Payment Applications. Payment Applications are independent contractors and not agents, employees, or subcontractors of Docusign. Docusign does not control the payment methods (i.e., credit card, debit card, ACH transfer) made available by the Payment Applications through Docusign eSignature nor the products or services that are sold or purchased by Customer via Docusign Payments. Customer acknowledges and agrees that Docusign cannot ensure that a Payment Application Signer or third party will complete a payment processing or that it is authorized to do so.’

ii. Customer authorizes (where such authorization is required) Docusign to store, process, and transmit Customer Data as necessary for a Payment Application to facilitate payment processing between Customer and a third party designated by Customer. Docusign Payments will temporarily store information received from Customer, such as account information for a Payment Application, only to facilitate the payment processing.

iii. Customer is solely responsible for complying with: (1) any applicable standards developed and published by payment networks (such as Visa, Mastercard, American Express, and any other credit, debit, or electronic funds transfer network), including but not limited to, the current Payment Card Industry Data Security Standard (“PCI DSS”); and (2) all laws and regulations applicable to the payment processing conducted by Customer via Docusign Payments, including but not limited to, those that may apply to Customer: in connection with collecting and storing information, including payment credentials about Signers; making adequate, clear, and conspicuous disclosures related to the storage and use of Signers’ payment credentials; and the use of stored payment credentials to collect future payments.

iv. Customer is solely responsible for any and all disputes with any Payment Applications or Signers related to or in connection with a payment processing sought to be facilitated via Docusign Payments, including but not limited to: (1) chargebacks; (2) products or services not received; (3) return of, delayed delivery of, or cancelled products or services; (4) cancelled transactions; (5) duplicate transactions or charges; (6) electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances; and (7) the amount of time to complete payment processing.

c. To the extent applicable to Docusign in the provision of Docusign Payments, Docusign represents that it is presently in compliance, and will remain in compliance, with the current PCI DSS. Docusign acknowledges that credit and debit card account numbers or related data processed via Docusign Payments is, as applicable, owned exclusively by Customer, credit card issuers, the relevant payment networks, and entities licensed to process credit and debit card transactions on behalf of Customer, and further acknowledges that such information may be used by Docusign solely to assist the foregoing parties in completing the processing activities described in these Terms or the Corporate Terms. 

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SCHEDULE B:   SERVICE SCHEDULE FOR DOCUSIGN NOTARY

Version date:  January 23, 2024

Unless otherwise defined in this Service Schedule for Docusign Notary (the “Schedule”), capitalized terms will have the meaning given to them in the General Terms.

1. DOCUSIGN NOTARY. “Customer(s)” as used in this Schedule means customers who purchased Docusign Notary under Corporate Terms. Docusign Notary enables Customers to invite Notaries who are employees or agents of such Customers to use Docusign Notary to conduct Remote Online Notarization of eDocuments and to create and maintain a Journal and Recording (each as defined below) of each RON Session conducted on Docusign Notary.

2. DEFINITIONS

"Docusign Digital Certificate" means a PKI based x509 v.3 digital certificate issued by Docusign, Inc. as a certified authority.

“Docusign Notary” means the on-demand notary service which provides online display, electronic signature, Remote Online Notarization and storage services for eDocuments, Docusign Digital Certificates, and enables the creation and storage of electronic notarial Journal and Recordings, all via the Internet.

“Journal” means a chronological record of entries of data and information regarding a Session conducted on Docusign Notary, and the eDocuments and Signer(s) participating in such Session, which record is required to be created and maintained by the Notary under Notarial Law.

“Notarial Law” means the laws, rules, regulations and guidance of each state, jurisdiction or territory of the United States governing the conduct of RONs by a Notary duly commissioned in such state, jurisdiction or territory.

“Notary” means a Signer who is a natural person commissioned as a notary public by a state, jurisdiction or territory of the United States, who has the required certifications, approvals and training to perform RONs, and who is invited by an Authorized User of a Customer to use Docusign Notary.

“Participant” means a natural person who attends a Session in a capacity other than a Signer or Notary (e.g., an observer or a non-signing witness).

“Recording” means the audio-video recording of the audio-video communication conducted during a Session on Docusign Notary.

“Remote Online Notarization” or “RON” means the use of audio-video communication technology to complete a notarial act where the Signer applying an electronic signature to eDocument(s) is not in the same physical location as the Notary at the time the notarial act is performed.

“Service Providers” means any third-party service provider to Docusign, including any identity verification provider or credential analysis provider.

“Session” means a unique RON notarial act on Docusign Notary during which an eDocument(s) is reviewed, signed and notarized by a Notary with a minimum of one Signer.

“Signer”, solely for purposes of this Schedule, means any Docusign Service end user who is not acting in the capacity of a Notary during a Session on Docusign Notary.

“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by Docusign or its agents to make available the Docusign Notary and Docusign eSignature services via the Internet.

“Transaction” means any eDocument that is reviewed, executed and notarized during a Session.

“Transaction Data” means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses, and signature IDs) that Docusign may use to generate and maintain the digital audit trail required by Docusign Notary.

“User Data”, solely for purposes of this Schedule, means any information or data that is collected or used in the performance of RONs or otherwise to complete the Transaction subject to the RON Session, and is not limited to data included in the eDocument(s) being notarized. User Data includes, but is not limited to, information about or pertaining to an individual in a record which identifies the individual or that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information, such as an individual’s photograph, Social Security number, driver’s license number, name, address and telephone number.

3. REGISTRATION

a. Customer Invitation. Upon receiving an invitation from Customer’s Authorized User to use the Docusign Notary service, the Notary must register for Docusign Notary and create a Notary user profile that is associated with a Customer Account. Each Notary user profile is associated with a single email address. Notary acknowledges that Customer is responsible for the administration of Notary user profiles associated with such Customer’s Account.

b. Notary Certification. By creating a Notary user profile, Notary certifies that (i) all information Notary provides is accurate, including name, email address, and any other information that is requested from Notary; and (ii) that the user profile was created by Notary for legitimate purposes and not to commit fraud. Notary further agrees to update their user profile information when necessary, including and not limited to renewals of the Notary commission.

c. Docusign Digital Certificate. The Notary may also be able to create a Docusign Digital Certificate which can be used solely in conjunction with providing notarial services via Docusign Notary services. You may, as a Notary, choose to provide your own third party Digital Certificate instead but in no event shall a document be notarized with two Digital Signatures.  Docusign makes no representations and warranties that the Docusign Digital Certificate is sufficient to meet any requisite or applicable legal requirements.  Docusign may revoke or suspend your Docusign Digital Certificate at any time without notice.

d. Access Credentials. When creating a Notary user profile, Notary will create a username and password. The Notary agrees to maintain their username and password in confidence and not disclose it to unauthorized persons. Notary agrees to notify Docusign of any unauthorized use, including suspected unauthorized use, of the Notary’s login credentials or user profile. Notary will use best efforts to ensure that no unauthorized person may gain access to Docusign Notary using Notary’s login credentials or user profile, including, without limitation, using commercially reasonable security measures relating to user profile access.

e. Identity Verification. As a Notary you may be asked to verify your identity and identification credential before being able to proceed with providing notarial services. Identity verification may include knowledge-based authentication (“KBA”), liveness or other virtual identification verification methods and analysis of your identification credential. Docusign uses Service Providers to provide such services. Docusign is not liable nor responsible for the information or processes used by Service Providers to verify your identity or identification credential. The Service Providers may use or rely on information that is inaccurate, out-of-date, or have errors that may lead to incorrect results. By proceeding with identity verification or credential analysis, you acknowledge and agree that Docusign is not accountable, liable, or responsible in any way if the results are inaccurate, including (i) if you are prevented from proceeding with the Docusign Notary service because the Service Provider could not verify your identity or identification credential and (ii) if the Service Provider incorrectly verifies a Signer’s or Participant’s identity or identification credential and allows them to proceed with the Transaction.

4. NOTARY RESPONSIBILITIES

a. If you are a Notary, by using Docusign Notary, you specifically acknowledge and agree to the following:

i.   You are commissioned as a notary public by a state, jurisdiction or territory of the United States, and such commission authorizes you to perform RONs in accordance with the Notarial Laws;

ii.   As of the start of each Session, your commission to perform RONs is valid and current in your state, jurisdiction or territory of commission, and you have provided a copy of your certificate of commission to the Customer that owns the Account with which your Notary user profile is associated (the “Employer”);

iii. If required by the Notarial Laws, you have notified the applicable commissioning agency that you have selected Docusign Notary to perform RONs;

iv. Upon becoming aware that your commission to perform RONs has been revoked, denied, suspended or expired, you will immediately notify Docusign and your Employer and agree to the suspension of your ability to perform RONs on Docusign Notary during any period that your commission is revoked, denied, suspended or expired, or that you are in breach of these Service Terms;

v. You have provided to the state commissioning agency, if required by Notarial Law, a visual rendering of your configured electronic signature and System-generated notarial seal intended for use on Docusign Notary, and you confirm that your electronic signature and notarial seal fully comply with the requirements of Notarial Law;

vi. You have sufficient information and training to successfully use Docusign Notary to conduct RON Sessions, to verify the identities of Signers, and to create, store and maintain the Journal and Recordings, in full compliance with Notarial Law;

vii. Any digital certificate supplied or obtained by you and provided for use on Docusign Notary is current, valid and has not been revoked or suspended by the issuing certification authority, and conforms to the X.509 certificate standard, and you assume the full cost of obtaining and maintaining such digital certificate;

viii. You are solely responsible to ensure that your Journal includes all information and data required by Notarial Law for each Session conducted by you on Docusign Notary;

ix. You are solely responsible to ensure that the Recording of a RON Session includes all actions, statements and declarations required to be made or taken by you or any Signer under Notarial Law;

x. Unless otherwise required under Notarial Law, you are solely responsible to respond to requests for access to any, and distribute copies, of the Recordings or Journal entries as permitted or required under Notarial Law, and you will not allow access to the Journal or any Recordings by any third party except as permitted by Notarial Law;

xi. You are solely responsible to create and maintain a backup of the Journal and all Recordings if such backup is required by Notarial Law;

xii. You will promptly notify Docusign and provide to Docusign an alternative email address if your relationship with your Employer is terminated for any reason;

xiii. You will promptly export the Journal and all Recordings upon any termination, expiration or revocation of your authorization to use Docusign Notary as granted by your Employer;

xiv. You consent to your Employer being provided with read-only access to the Journal, and with view-only access to the Recordings, at all times during the Term, and you expressly consent to Docusign providing your Employer with a read-only copy of the Journal and Recordings upon your Employer’s request;

xv. You are responsible for scheduling all Sessions with Signers and any Participants and conducting such Sessions timely and in accordance with Notarial Law;

xvi. By participating as a Notary in a notarial Session on Docusign Notary, you consent to the participation in the Session by all participants shown in the audio-video feeds displayed on Docusign Notary, including the Signers and Participants; and

xvii. You are solely responsible to ensure that the notarial act you are requested to perform on Docusign RON is permitted to be performed as RON under Notarial Law, and that the eDocument or Transaction you are requested to notarize on Docusign RON is permitted to be notarized using RON under Notarial Law.

If, for any reason, you do not believe that you can perform a RON notarial act for any Signer or with respect to any eDocument or Transaction in accordance with Notarial Law, it is your obligation to terminate the Session using functionality available in Docusign Notary.

5. SIGNER AND PARTICIPANT RESPONSIBILITIES

a. Outside the United States. If you are a Signer and are physically located outside the United States at the time of signing an eDocument in a Session, you warrant that:

i. You have informed the Notary conducting your Session of your physical location and that such location is outside the United States;

ii. It is not illegal or prohibited in the jurisdiction where you are physically located for you and the Notary to perform the requested notarial act or sign the eDocument; and

iii. The eDocument or Transaction is to be filed with, or pertains to a matter before, a court, governmental entity, public official, or other entity located in the territorial jurisdiction of the United States or involves property located in the territorial jurisdiction of the United States or the Transaction is substantially connected with the United States.

b. Identity Verification. If you are a Signer or Participant participating in a Session, you may be asked to verify your identity and identification credential before being able to proceed with the Transaction. Identity verification may include knowledge-based authentication (“KBA”), liveness or other virtual identification verification methods and analysis of your identification credential. Docusign uses Service Providers to provide such services. Docusign is not liable nor responsible for the information or processes used by Service Providers to verify your identity or identification credential. The Service Providers may use or rely on information that is inaccurate, out-of-date, or have errors that may lead to incorrect results. By proceeding with identity verification or credential analysis, you acknowledge and agree that Docusign is not accountable, liable, or responsible in any way if the results are inaccurate, including (i) if you are prevented from proceeding with the Transaction because the Service Provider could not verify your identity or identification credential and (ii) if the Service Provider incorrectly verifies another Signer’s or Participant’s identity or identification credential and allows them to proceed with the Transaction.

c. Contacts. If you are a Signer or a Participant, you consent to allow Docusign or Docusign’s Service Providers to contact you regarding any Session in which you participated or any Transaction conducted in one or more Sessions, or for reasons otherwise relating to your use of Docusign Notary, at any email address you provide or at any telephone number you provide (including any mobile number, or any number that is converted into a mobile number) using an autodialer and/or an artificial voice call. While you may revoke your consent for us or our Service Providers to call you using an autodialer and/or an artificial voice call, you may not revoke your consent for us or our Service Providers to email you or to call you via any telephone that does not constitute an “automatic telephone dialing system” under the Telephone Consumer Protection Act.

d. Session Participation. You agree that, in addition to the Notary, other parties, such as other Signers or other Participants, may participate in the Session. You may cancel or close the Session if you do not want to continue or you believe that any other person is not allowed to participate. By participating as a Notary, Signer or Participant in a notarial Session on Docusign Notary, you acknowledge and agree that you consent to the participation in the Session by all participants shown in the audio-video feeds displayed on Docusign Notary, including the Notary and other Signers and Participants, and you desire the notarial act to be performed by the Notary conducting the Session and under the Notarial Law of the Notary’s state, jurisdiction or territory of commission.

6. CONSENT FOR RECORDING – Notaries, Signers and Participants

a. Consent to Record. You acknowledge that Docusign Notary includes audio-video communication and, by accepting the terms of this Schedule, you provide your express consent to allow the System to record every RON Session in which you participate and to allow Docusign, on behalf of the Notary, to store the Recording for at least the period required by Notarial Law. Your consent extends to anyone else who is not a Signer, Notary or Participant, but who may appear with you on your audio-video feed during the Session. You are responsible for ensuring that no person participates in, or can be seen in, your Session audio-video feed who you do not authorize or for whom you cannot provide consent. We will store the Recording in electronic format.

b. Consent to Use and Disclosure of Recording. You further consent, on your behalf and on behalf of anyone displayed in your audio-video feed at any time during the Session, to the use and disclosure of the Session Recording for the following purposes: (i) to copy, reproduce, store, distribute, publish, retain, export, adapt, edit, and translate the Recording to operate the System and provide Docusign Notary; (ii) to perform a notarial act for a Session or for a Transaction; (iii) to provide access to or share the Recording with the Customer and the Authorized User who requested the Transaction, other parties to the Transaction, the Notary, the Notary’s Employer, other Signers to the Transaction, or Participants to the Session; (iv) to allow the Notary or Docusign to meet any Journal, Session Recording or recordkeeping requirements dictated by Notarial Law; (v) to comply with a law enforcement or a regulatory agency request, provided such request is lawful and authorized pursuant to a judicial or administrative order or subpoena, or otherwise permitted by law; (vi) to the extent reasonably required for the performance of Docusign’s obligations and the exercise of Docusign’s rights under these Service Terms or Notarial Law; (vii) to the Secretary of State, Department of State, or other state agency that regulates Notaries as requested by such agency; and (viii) to third parties solely for purposes of performing, effectuating, servicing, administering, processing, enforcing or otherwise managing the Transaction; as well as use and disclosure of the Recording by or to (ix) the “qualified custodian” of any eDocument consisting of an electronic will notarized on Docusign Notary; (x) any person accepting a power of attorney notarized as an eDocument on Docusign Notary; and (xi) the title agent, settlement agent, and title insurer related to any real estate Transaction notarized on Docusign RON. The Recording may be viewed by other authorized parties, including any state regulator of Notaries.

c. To the extent that any information recorded is considered personal data, Docusign will process such data in accordance with the Docusign Privacy Notice (https://www.docusign.com/company/privacy-policy).

7. JOURNAL AND RECORDING ACCESS AND STORAGE 

a. Designation of Docusign for Storage. As Notary, you hereby designate Docusign to store on Docusign Notary the Journal and all Recordings for Sessions conducted by you during the Term. You further consent to your Employer, after any termination of your employment or engagement, being provided with a copy of such Journal and Recordings. Docusign does not serve as legal custodian for the Journal or the Recordings in providing storage services and assumes no fiduciary duties to you or to your Employer under this Schedule.

b. Designation of Custodian. As Notary, you will promptly notify Docusign if you designate a custodian for the Journal or the Recordings and provide a copy of such designation in writing. If required by Notarial Law, you agree that you have informed the state commissioning agency of your appointment of a custodian. If you designate your Employer as custodian, your Employer will have read-only access to the Journal and Recordings from receipt by Docusign of the designation notice, and you agree that your Employer, if permitted to release copies of any Journal entry or Recording in your written designation, will be authorized to do so on Docusign Notary. Additionally, upon any termination of your employment or revocation of your access to Docusign Notary, you agree that your Employer, as custodian, may maintain the Journal and Recordings on Docusign Notary to the extent permitted by Notarial Law. If Docusign is required by Notarial Law to store the Journal or the Recordings and Docusign designates a custodian to provide such storage on its behalf, Docusign will notify the Notary of such designation.

c. Consent to Storage. As Signer or Participant, you acknowledge that the Recordings are being stored by Docusign on behalf of Notary (or a designated custodian of Notary) on Docusign Notary for the Term. You expressly consent to such storage.

d. Access and Effect of Termination. Upon the first to occur of: (i) any termination of this Schedule, (ii) any termination of Notary’s employment or engagement with your Employer; or (iii) any revocation, expiration, denial or suspension of Notary’s notarial commission to perform RONs, your access to the Journal and Recordings on Docusign Notary will be suspended and Docusign shall make available to Notary a link to download their Journal and Recordings, each in a commercially reasonable industry standard format. The link shall be available for thirty (30) days following termination of this Schedule. Docusign will use commercially reasonable efforts to provide Notary with access during the Term to the Journal and Recordings through Notary’s user profile, and shall not suspend such access unless Docusign provides to Notary the link to download the Journal and Recordings as described in this section. Notwithstanding the above, to the extent Docusign is required by Notarial Law or other applicable law to maintain the Journal or the Recordings after any such expiration or termination of the Term, Docusign shall maintain the Journal or the Recordings for the period required by Notarial Law or other applicable law and shall provide copies of or access to such Journal or Recordings by request to the extent required by Notarial Law or other applicable law. Except as expressly provided in this Schedule, Docusign shall not be required to maintain any Journal entries or Recordings of a Notary beyond termination of this Schedule.

8. DATA AND PERSONAL INFORMATION

a. Scope of User Data. User Data includes the results of credential analysis and any other processes authorized by Notarial Law to validate your identity, and all information required for the Journal, as well as any other information that may be required to be included on the Recording by Notarial Law.

b. Authorization Governing User Data. Notary, Participants and Signers each authorize Docusign to use and disclose User Data of such Notary or Signer, as applicable, and such authorization includes a nonexclusive license for Docusign to use and disclose User Data for the purposes of providing Docusign Notary, such as (i) to copy, reproduce, store, distribute, publish, retain, export, adapt, edit, and translate User Data to operate the System and provide Docusign Notary; (ii) to provide User Data to Service Providers as part of Docusign Notary generally, to perform a Session or for a Transaction, including to verify your identity using Service Provider and/or your credential (e.g., driver’s license) using a Service Provider; (iii) to provide access to or share such information with other parties to the Transaction or participants to the Session; (iv) to allow the Notary and/or Docusign, as applicable, to meet any Journal, Session Recording or recordkeeping requirements dictated by Notarial Law, including to create and maintain the Journal and Recordings, and to use and disclose the Journal and Recordings as permitted by Notarial Law; (v) to comply with a law enforcement or a regulatory agency request, provided such request is lawful and authorized pursuant to a judicial or administrative order, subpoena, or otherwise permitted by law; (vi) to the extent reasonably required for the performance of Docusign’s obligations and the exercise of Docusign’s rights under these Service Terms; (vii) to comply with requests from the Secretary of State, Department of State, or other state agency that regulates Notaries; and (viii) to disclose such information to the Customer having invited you to join the Session and other third parties solely for purposes of performing, effectuating, servicing or otherwise managing the Transaction.

c. Limitations on User Data.

i. Notary. As Notary, you agree that, except upon the written consent of the Signer or Participant to which the User Data relates, you shall not sell, offer for sale, use, or transfer to another person User Data for any purpose other than: (a) as required to perform the notarial act and to meet the requirements of Notarial Law; (b) as necessary to effect, administer, enforce, service, or process the transaction for which the personally identifiable information was provided; or (c) in response to a court order, subpoena, or other legal process compelling disclosure.

ii. Docusign. With respect to RON notarial acts performed under Notarial Law of Colorado, Docusign shall not use, sell, or offer to sell to another person or transfer to another person for use or sale any User Data that identifies a Signer, a Participant, a Notary or a person named in an eDocument presented for RON, except:

1. as necessary to facilitate performance of a RON notarial act;

2. to effect, administer, enforce, service, or process an eDocument provided by or on behalf of the individual or the Transaction of which the eDocument is a part;

3. in accordance with other applicable federal, state, or local law, or to comply with a lawful subpoena or court order; or

4. in connection with a proposed or actual sale, merger, transfer, or exchange of all or a portion of a business or operating unit of Docusign, if the User Data concerns only Signers, Participants, Notaries or other individuals involved in RON Transactions of Customers of the business or unit and the transferee agrees to comply with the restrictions set forth in this Section. 

Further information on how Docusign processes personal data may be found in the Docusign Privacy Notice(https://www.docusign.com/company/privacy-policy).

iii. Scope. The limited exceptions in Sections 8(c)(i) and (ii) above do not include or authorize the use of User Data for the purpose of generating additional business or marketing opportunities by or for the Notary, the Notary’s Employer or any business for whom the Notary may be providing contracted services, or Docusign or any of its Affiliates. Such use of User Data is prohibited and cannot be waived by consent.

9. DISCLAIMER. In addition to and without limiting the disclaimers in the Terms, Docusign does not represent or warrant, and expressly disclaims, that (i) any Notary will agree to perform RON for any specific Transaction or, if agreed, will successfully complete a RON Session; (ii) any Signer will proceed with the Transaction electronically; (iii) any third party will accept eDocuments notarized or electronically signed through Docusign Notary; and (iv) any court, regulator, or other competent authority will recognize eDocuments notarized or electronically signed through Docusign Notary as valid or enforceable. Docusign does not represent or warrant that Docusign Notary meets the requirements of Notarial Law with respect to any particular state, jurisdiction or territory. Except as otherwise provided in this Schedule, Notary agrees to hold Docusign harmless from any claims asserted against or liabilities imposed upon it because of its failure to comply with the Notarial Law.

10. APPLICABLE LAW

You expressly acknowledge and agree that Notaries perform RONs using Docusign Notary pursuant to the applicable Notarial Law of their jurisdiction of commission, and solely under the authority of such Notarial Laws, regardless of the geographical location of the Customer or any Signer or Participant.

Each Notary, Signer and Participant agrees that any question, conflict, requirement, or interpretation related to RON will be governed by and subject to the Notarial Law of the jurisdiction in which the Notary is commissioned, without giving effect to any choice or conflict of law provision or rule.

While accessing or using Docusign Notary, you may receive information from us concerning the Docusign Services, such as information on electronic signatures, RONs, and other subject matter areas. Docusign provides you this information for general informational purposes only. This information does not constitute legal advice. If you believe that you need legal advice before using Docusign Notary, or before executing a Transaction on Docusign Notary, you are solely responsible for obtaining such advice from an attorney licensed to practice law in your jurisdiction.

11. EFFECT OF TERMINATION. All representations and warranties made by you herein, and the rights and obligations of the parties set forth in Sections 4(a)(x), 4(a)(xii), 5(c), 5(d) and 6 through 9 of this Schedule shall survive expiration or termination of this Schedule.

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SCHEDULE C:  SERVICE SCHEDULE FOR DOCUSIGN NOTARY CONNECT

Version date:  January 23, 2024

Unless otherwise defined in this Service Schedule for Docusign Notary Connect (the “Schedule”), capitalized terms will have the meaning given to them in the General Terms.

1. GENERAL 

Your use of Docusign Notary Connect is subject to: 

(a) Service Schedule for Docusign Notary and the Service Schedule for Docusign Notary Connect as shown below.  This Schedule shall prevail should any conflict arise with the Service Schedule for Docusign Notary.

2.  DEFINITIONS

“Docusign Notary Connect" means a service that enables Customers to utilize notaries provided by OneNotary, Inc. (“Notary Partner”) to use Docusign Notary Connect to conduct Remote Online Notarization of eDocuments ("RONs") and to allow Notary Partner to create and maintain a Journal and Recording of each RON Session conducted through Docusign Notary Connect.

“Session Recording” means the audio visual recording captured via Docusign Notary Connect. This may include both audio and video recordings as well as screen capture to evidence actions which occurred via the product during the notarization session.

“Notary Partner” means OneNotary, Inc., a subprocessor and third party partner who provides aspects of the service Docusign Notary Connect.

3.  NOTARY RESPONSIBILITIES

If you are a Notary providing notarization services through the use of Docusign Notary Connect, you specifically acknowledge and agree to the following: 

i. You will comply with Notaries Responsibilities (Section 4) of Service Schedule for Docusign Notary except as modified below:

ii.  As of the start of each Session, your commission to perform RONs is valid and current in your state, jurisdiction or territory of commission, and you have provided a copy of your certificate of commission to Notary Partner;

iii. You have properly registered with the state or regulatory body who provides your notarization commission to operate RON sessions through the Notary Partner if required;

iv. You consent to your audio visual recordings and likeness to be accessible to Docusign’s Customer via Docusign Notary Connect.

v. You will comply with all terms and conditions of your employment or contractual relationship with Notary Partner; and 

vi. Docusign is neither involved nor legally responsible for the private terms and conditions between you, the Notary, and the Notary Partner. Docusign expressly disclaims any employment relationship exists between you the Notary and Docusign.

4.  JOURNAL AND RECORDING ACCESS AND STORAGE. Designation for Storage of Notarial Records. As Notary provided by Notary Partner for Notary Connect the terms of your relationship with Notary Partner govern your obligations, access, and storage of your notarial journal and records.

5. EFFECT OF TERMINATION

All representations and warranties made by you herein, and the rights and obligations of the parties set forth in Sections 3 and 4 of this Schedule shall survive expiration or termination of this Schedule.

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SCHEDULE D: SERVICE SCHEDULE FOR DOCUSIGN DATA VERIFICATION

Version date:  March 30, 2024

Unless otherwise defined in this Service Schedule for Docusign Data Verification (the “Schedule”), capitalized terms will have the meaning given to them in the General Terms.

This Schedule applies to Customers and Signers who purchase and/or use Data Verification (“Data Verification Users”).  Customers and users of Data Verification Users understand and agree to send their data to applicable Docusign’s Third-Party Services to verify their data, and these Third-Party Services are solely responsible for the accuracy of the data they verify.

In addition, Customers and users of Data Verification Users shall agree to abide by all applicable Third-Party Services’ data use restrictions and other terms when using Data Verification.  You may find these additional terms as provided with the corresponding Extension App at the Docusign App Center (https://appcenter.docusign.com).

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SCHEDULE E:  SCHEDULE OF TERMS FOR BETA PROGRAM(S)

Version date: June 26, 2025

This Schedule of Terms for Beta Programs (the “Beta Schedule”) is a schedule to the Docusign Master Services Agreement, or Docusign Sites and Services Terms and Conditions, as applicable, you entered into with Docusign (the “General Terms”). Unless otherwise defined in this Beta Schedule, capitalized terms have the meaning given to them in the General Terms.

1. BETA PROGRAMS

Docusign may offer, but is not obligated to offer, certain Beta Services (defined below) through written notice (e.g., email notification or in-product notification) or other communication to you. This  Beta Schedule is effective with regard to a given Beta Service as of the date of first access to such Beta Services (the “Beta Effective Date”) and by accessing such Beta Service, you indicate that you have read, understood, and expressly agree to the terms in this Beta Schedule, and you represent and warrant that you have the authority to bind your company to this Beta Schedule. In the event of any inconsistency or conflict between the General Terms and this Beta Schedule, this Beta Schedule shall control with respect to the Beta Service. The Beta Schedule applies only to the Beta Service and not to any generally available Docusign Service. 

2. DEFINITIONS

“Beta Service” means: (a) Docusign Services and related features, technologies, or products that are in development (including in the very early or experimental stages of development), beta,, or similar pre-general release versions; (b) a specific Beta program that includes access to certain features, technologies, products, or services that are not yet generally available to Docusign Customers; and (c) any software, libraries, specifications, or other technical documentation related to a Beta Service provided to you by Docusign under this Beta Schedule.

“Beta Period” means the term indicated on the registration page, in-product modal or pop-up, sign-up form, or program communication for such Beta Service or such period as otherwise communicated to you by Docusign.

3. BETA SERVICE

a. Right to Use. Subject to the terms set forth herein, Docusign grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Beta Service during the Beta Period for the purposes described by Docusign. Upon notice to you, Docusign may modify the permitted use of or suspend your access to any Beta Service at any time and for any reason.

b. AI Terms for Beta Services. For clarity, Beta Services that utilize or integrate with AI Services (defined in the AI Attachment for Docusign Services) are subject to the Additional Service Terms set forth in the AI Attachment for Docusign Services, which may include consent to use Customer Data to improve Docusign Services and AI Services, including without limitation, to train artificial intelligence algorithms and machine learning models. To opt out of this consent, please refer to the AI Data Controls Settings FAQ.

4. OWNERSHIP AND FEEDBACK

a. Ownership. Docusign, its Affiliates, or its licensors own all right, title, and interest in and to any and all copyrights, trademark rights, patent rights, database rights and other intellectual property or other rights in and to the Beta Service, including any improvements, design contributions or derivative works thereto, and any knowledge or processes related thereto and provided hereunder. ALL RIGHTS NOT EXPRESSLY GRANTED HEREUNDER ARE RESERVED TO DOCUSIGN.

b. Feedback. You may be asked to provide ongoing recommendations, suggestions, ideas, derivations, enhancement requests or other feedback concerning the operational and functional capabilities of the Beta Service (“Beta Feedback”). You hereby assign to Docusign all right, title, and interest in and to any Beta Feedback. You agree that Docusign is free to make unrestricted use, copy, modify, sell, distribute, sub-license, and create derivative works of the Beta Feedback without any necessity of payment or attribution to you. Beta Feedback will not be deemed your Confidential Information.

5. THIRD-PARTY SERVICES. For purposes of this Beta Schedule, "Third-Party Services" means services, software, products, applications, integrations, and other features or offerings that are provided by you or obtained by you from a third party. You may choose to obtain Third-Party Services from third parties and/or Docusign (for example, through a reseller arrangement or otherwise). Any acquisition by you of Third-Party Services is solely between you and the applicable Third-Party Service provider and Docusign does not warrant, support, or assume any liability or other obligation with respect to such Third-Party Services, unless expressly provided otherwise in an Order Form or theGeneral Terms. In the event you choose to integrate or interoperate Third-Party Services with Docusign Services in a manner that requires Docusign or the Docusign Services to exchange Customer Data with such Third-Party Service or Third-Party Service provider, you: (a) grant Docusign permission to allow the Third-Party Service and Third-Party Service provider to access Customer Data and information about your usage of the Third-Party Services as appropriate and necessary to enable the interoperation of that Third-Party Service with the Docusign Services; (b) acknowledge that any exchange of data between you and any Third-Party Service is solely between you and the Third-Party Service provider and is subject to the Third-Party Service provider’s terms and conditions governing the use and provision of such Third-Party Service (the presentation and manner of acceptance of which is controlled solely by the Third-Party Service provider); and (c) agree that Docusign is not responsible for any disclosure, modification or deletion of Customer Data resulting from access to such data by Third-Party Services and Third-Party Service providers..

6. YOUR RESPONSIBILITIES; DISCLAIMER OF CERTAIN OBLIGATIONS

a. Your Responsibilities. You are solely responsible for: (a) your and your users’ activities that occur in relation to the Beta Service; (b) ensuring that you and your users comply with these Beta Schedule; and (c) all data and content you use within the Beta Service. A Beta Service may, at any time and without prior notice, be updated, suspended, unavailable, or negatively affected by scheduled maintenance. You acknowledge that you may be required to update your version of the Beta Service in order to continue using the Beta Service.

b. Disclaimer of Certain Obligations. Docusign has no obligation under these Beta Schedule or otherwise to: (a) correct any bugs, defects, or errors in the Beta Service or otherwise to provide any support, maintenance services, service levels, or uptime guarantees for the Beta Service; (b) store, hold, export, return, or destroy any data or content after the Beta Period; and (c) create, distribute, or otherwise offer a generally available version of the Beta Service (“GA Service”). Docusign has no obligation to offer a GA Service to you or, unless otherwise agreed in writing, to offer any discounted pricing schedules or special terms in relation to such GA Service. A GA Service may perform in a manner significantly different from the Beta Service. Accordingly, you acknowledge that any research or development performed, or business plans made, by you regarding or in reliance upon the Beta Service is done entirely at your own risk.

7. MARKETING. Throughout and upon expiration or termination of the Beta Service, you will provide material, statistics, quotes, or information related to your use of the Beta Service for Docusign’s use in certain marketing activities and you agree that such information will not be deemed your Confidential Information. You will not communicate to a third party, advertise, or publicly announce any information regarding the Beta Service or your use thereof without Docusign’s prior written permission.

8. TERM AND TERMINATION

a. Term of Beta Service. This Beta Schedule commences on the Beta Effective Date and will continue for the Beta Period, or until the initial commercial release by Docusign of an applicable GA Service, whichever occurs first, unless terminated earlier as provided by this Section. Your access to and use of a Beta Service is strictly limited to the Beta Period.  

b. Termination. Either party may terminate the Beta Schedule with respect to  particular Beta Service with or without cause upon ten (10) days’ prior written notice to the other party. Your license to use Beta Services terminates automatically on your breach of the license conditions or restrictions stated in this Beta Schedule. Upon termination or expiration of the Beta Schedule, you shall immediately discontinue using the applicable Beta Service(s) and shall uninstall or destroy all copies of the Beta Service(s) in your possession or control. Notwithstanding the foregoing sentence, if the Beta Service has been provided in tangible form, you shall ship the Beta Service for return to Docusign within three (3) business days of termination or expiration of this Beta Schedule. Further, upon Docusign’s request, you will certify in writing that you are no longer in possession of the Beta Service or any copies of the Beta Service. For the avoidance of doubt, termination of this Beta Schedule will not terminate any other agreement between the parties. The rights and obligations of the parties set forth in Sections 2 through 4 and 6 through 10 of this Beta Schedule shall survive expiration or termination of this Beta Schedule for any reason.

c. Effect of Termination. The termination or expiration of this Beta Schedule will not terminate the General Terms.

9. DISCLAIMER OF WARRANTIES.  IT IS UNDERSTOOD THAT THE BETA SERVICE AND ANY UPDATES MAY CONTAIN ERRORS AND ARE PROVIDED FOR LIMITED EVALUATION ONLY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE GENERAL TERMS OR THIS BETA SCHEDULE, THE BETA SERVICE IS STILL IN TESTING PHASE AND IS PROVIDED ON AN “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, AND DOCUSIGN HEREBY DISCLAIMS ANY AND ALL WARRANTIES FOR OR IN CONNECTION WITH THE BETA SERVICE, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. DOCUSIGN DOES NOT WARRANT THAT THE BETA SERVICE WILL FUNCTION WITHOUT INTERRUPTION, IS FREE OF MALICIOUS CODE OR THAT IT IS ERROR-FREE. YOU ARE ADVISED TO SAFEGUARD YOUR DATA, TO USE CAUTION AND NOT TO RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA SERVICE AND/OR ACCOMPANYING MATERIALS. ANY DATA THAT YOU ENTER INTO THE BETA SERVICE, AND ANY CONFIGURATIONS MADE BY OR FOR YOU, DURING THE BETA PERIOD MAY BE PERMANENTLY LOST.

10. LIMITATION OF LIABILITY.  IT IS UNDERSTOOD THAT THE BETA SERVICE IS PROVIDED WITHOUT CHARGE FOR LIMITED EVALUATION PURPOSES. ACCORDINGLY, NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, (I) THE TOTAL LIABILITY OF DOCUSIGN ARISING OUT OF OR RELATED TO THE BETA SERVICES AND THIS BETA SCHEDULE SHALL NOT EXCEED ONE HUNDRED ($100) DOLLARS; (II) DOCUSIGN’S SUPPLIERS AND LICENSORS SHALL HAVE NO LIABILITY HEREUNDER FOR DAMAGES OR OTHERWISE; AND (III) IN NO EVENT SHALL DOCUSIGN OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, OR LOSS OF DATA OR INFORMATION), HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, EVEN IF DOCUSIGN OR ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS AND EXCLUSIONS OF LIABILITY AND DISCLAIMERS FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES, AND DOCUSIGN WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT SUCH LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS. 

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SCHEDULE F: SCHEDULE OF TERMS FOR DOCUSIGN APP CENTER

Version date:  March 30, 2024

Unless otherwise defined in this Schedule of Terms for Docusign App Center (the “Schedule”), capitalized terms will have the meaning given to them in the General Terms.

Customers may connect their Docusign Service to an app developed by a Third Party and made available on the Docusign App Center (an “Extension App”). You may find the additional terms applicable to these Extension Apps at Docusign App Center (https://apps.docusign.com/app-center). 

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SCHEDULE G: DIGITAL SIGNATURE SERVICE SCHEDULE

Version date: November 6, 2025

Unless otherwise defined in this Digital Signature Schedule for Docusign eSignature (the “Service Schedule”), capitalized terms will have the meaning given to them in the Agreement. 

This Service Schedule outlines provisions required for the delivery of the Digital Signature (“Digital Signature Services”) noted in sections 2 to 6 below. The Digital Signature Services are provided to Customer via Docusign eSignature and are jointly referred to as “Services” or separately as a “Service” in this Service Schedule. 

1. DEFINITIONS 

“EU Advanced Electronic Signature” (or “AES”)  means Advanced Electronic Signature as defined in Article 3(11) and Article 26 eIDAS.

Certificate(s)” means a certificate for electronic signature generated to confirm the link between Signer’s Identity and Electronic Signature Creation Data (as defined in eIDAS article 3 point 13). 

“Certification Authority” (or “CA”) means the technical Certificate generation and management service of the TSP that generates and manages Certificates in accordance with the rules and practices defined in the applicable Certificate Policy(ies). The technical Certificate generation and management service of DSF, acting as CA for the relevant Services is listed below and as set forth on the DocuSign website referred to in the definition of CP:

• QES: “Docusign Premium Cloud Signing CA - G2”

• AES: “Docusign Cloud Signing CA - G2”

“Certificate of Completion” means the record of a Transaction created using the Service.

“Certificate Policy(ies)” (or “CP”) means the set of security rules for the TSP defining the characteristics of Certificates as well as the terms and conditions applying to the management of their life cycles. They are identified by unique OID identification numbers and published by the TSP. DocuSign’s Certificate Policy(ies) and any successive updates are available at: https://www.docusign.com/fr-fr/societe/certification-policies. According to the relevant service, the following OID identifiers apply:

• QES :1.3.6.1.4.1.22234.2.14.3.45

• AES : 1.3.6.1.4.1.22234.2.14.3.41 

“Certificate Revocation List” (or “CRL”) means the list of invalid Certificates that have been revoked. CRLs are issued every 24 hours, valid for 6 days, and are digitally signed by the CA that issued the Certificates in the list.  

“Customer Verification” means configuration for Signer Identification set by the Customer that a) deviates from the settings established by the IDV Service or the Identity Provider; or b) validates the identity of a Signer when the IDV Service or the Identity Provider has rejected a Signer Identification.

“Delegated Registration Authority” (or “DRA”) means any entity expressly designated by the RA to perform all or part of the RA’s tasks in accordance with the applicable RP.

“Digital Signature” means digital signatures which are not AES or QES, as those terms are defined herein.

“Docusign France” (or “DSF”) means Docusign France SAS which is a TSP providing one or more trust services either as a non-qualified or a qualified TSP and that meets the applicable requirements including those published by European Telecommunications Standards Institute (ETSI) and ANSSI.

“Docusign ID Verification” (or the “IDV Service”) means the Docusign Service that provides identification verification services to parties executing eDocuments. Specifically, the IDV Service allows a Customer to verify Signer Identity of a Signer prior to Signer executing an eDocument.

“eIDAS” means Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.  

“ID Document” (or “ID”) means a passport, national identity card, residence permit, or driving license for purposes of the relevant Service. 

“ID Evidence” means an optional DocuSign service that allows Customer to store in DocuSign eSignature Signer Information collected via IDV Service based on selection made by Customer. Regarding deletion and access point of view such information shall be stored and managed like eDocuments. Customer can export such information from DocuSign eSignature in PDF format sealed by DocuSign.

“Identity Provider(s)” (or “IDP”) means the third-party service authorized to confirm the Signer’s Identity filled by sender or Signer in Docusign eSignature by performing its authentication process as part of the IDV Service. IDP may also collect some Signer Information to be stored in the ID Evidence based on Customer choice and IDP capabilities.

“Proof File(s)” means a file generated, sealed and time-stamped by the TSP that contains information related to the signature generated by the relevant Service. A dedicated Proof File is associated with each signed eDocument proving the validity of the electronic signature. Proof File shall only be available to Customer’s availing of the services at 1.1 below and only in the event of a justified request relating to the trial or contest of the signature operation. 

“Qualified Electronic Signature” (or “QES”) means qualified electronic signature as defined in Article 3(12) eIDAS.

“Registration Authority” (or “RA”) means the legal entity in a contractual relationship with the CA to collect Signer Information, verify Signer Information used to create Signer Identity, transmit Signer Identity and some Signer Information to CA for Certificate issuance and signature creation and store the Signer Information as a proof of Signer identification. The RA shall perform its obligations in accordance with its RP. 

“Registration Policy” (or “RP”) means the procedures and rules defined and implemented by the RA to perform its obligations as defined in this Service Schedule.

“Security Incident” means any event, compromising from security point of view the availability, authenticity, integrity or confidentiality of stored, transmitted or processed data or of the services offered by, or accessible via, network and information systems and affecting (i) the Service and/or (ii) Signer’s data, that may result in a loss of integrity, security, confidentiality, availability and/or proof in the Service, including the Signer identification made by RA, Signer revocation requests made by Signer or Customer, Personal Data storage in Docusign eSignature and the Docusign eSignature and Signer signing. 

“Signer” means the person signing the eDocument which has been sent by the Customer. 

“Signer Identity” is the name officially recorded on the Signer’s ID. It cannot be an alias or a pseudonym. It shall be composed of at least one first name and one last name as stated on the Signer’s ID.

“Signer Information” means any Signer’s Personal Data that is collected by Customer either through the Service or IDV Service (or both services together) for the purpose of confirming the Signer Identity and contacting the Signer. Such data may include a government-issued ID (e.g., a passport), ID issued to a Signer by a bank or national authority (e.g., an electronic ID)  and/or name, email address and mobile phone number.

“Supervisory Body” means the French Agence Nationale de la Sécurité des Systèmes d'Information (ANSSI), the supervisory body of DSF.

“Transaction(s)” means the performance of an electronic signature on eDocument uploaded in Docusign eSignature by Customer or its Authorized Users.

“TSP” means Trust Service Provider. 

“Third Party TSP” means a Trust Service Provider other than DSF.

1. QUALIFIED ELECTRONIC SIGNATURE (QES) 

There is one option in which Signers can leverage qualified Certificates to apply a Qualified Electronic Signature using the Docusign Services: 

1.1 Docusign France as a qualified TSP, acting as CA and RA providing the Certificate, with Docusign IDV

1. Docusign enables signing via Docusign France which is a Certification Authority by issuing Signer with a qualified Certificate after an identification verification by the RA so that Signer may apply a Qualified Electronic Signature. 

2. The IDP used by DSF is an IDP, certified by ANSSI, a partner integrated into the offering.

3. Customer acknowledges and agrees that:

4. Docusign is authorized to act as an agent for and on behalf of Docusign France for the purpose of contracting with Customer.

5. Docusign France can only issue a Certificate following ID verification performed by an IDP.

6. Docusign France is the entity providing the actual delivery of any Qualified Electronic Signature and Certificates. 

7. In its capacity as CA, Docusign France shall create a Proof Files to be retained for regulatory purposes for 7 years and 10 days. 

8. Customer and Signer cannot request deletion or modification to the Proof File as it is an audit proof for the TSP. 

9. Proof Files may contain at least the following data:

• First name, last name, ID serial number, ID issuing state, ID type and validity period, and Signer date of birth extracted from the ID used by Signer, email and mobile phone number of Signer, as collected and transmitted by the Identity Provider(s) and IP address. 

1. 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 and disclaims all liability regarding the accuracy of any Signer Identification.

2. Customer shall securely store and archive the Certificates of Completion for Transactions leveraging this offering at least 5 (five) years. 

3. The IDP interface constitutes Third Party Services and is subject to certain technical limitations and/or requirements including, but not limited to, the languages used, minimum system and connectivity requirements to use the IDP’s services, and the ID supported by the RA’s system.
   
   

2. ADVANCED ELECTRONIC SIGNATURE (AES)

There is one option in which Signers may apply an Advanced Electronic Signature using the Docusign Services: 

2.1 DSF as TSP acting as CA issuing the Certificate with Docusign IDV Service as the RA

1.  For this Service the CA is DSF which issues Certificate to the Signer to enable AES after an identity verification check has been performed by IDP selected by Customer or by Signer using Docusign IDV Service.
   

2. TSP shall make commercially reasonable efforts to verify that the IDP meets the applicable requirements within the IDV service.
   

3.  Customer acknowledges and agrees that: 

4. DS shall make commercially reasonable efforts to verify each Signer’s name against the result of identification of the Signer performed by IDP within the Service.

5. To deliver the Services, the TSP  shall create proof and retain them for regulatory purposes for 5 years. Customer and Signer are not allowed to request deletion or modification to the proof as it is an audit proof for the TSP.

6. The IDP interface constitutes Third Party Services and is subject to certain technical limitations and/or requirements including, but not limited to, the languages used, minimum system and connectivity requirements to use the IDP’s services, and the ID supported by the RA’s system. 

7. DocuSign ID Verification is associated with the optional ID Evidence service that could be used to securely record (with an equivalent level of security as eDocuments) some Signer’s Information collected by the IDP(s). Customer shall decide whether to use ID Evidence and select the type of Signer’s Information it desires to record as a proof of Signer Identification.

8. Customer shall, prior to the use of this Service, purchase the DocuSign ID Verification service. Customer may configure the DocuSign ID Verification with the country(ies) and type of IDP(s), according to type of IDV service it desires to use or not to identify the Signer. Customer can also enable or disable the Customer Verification.

9. In instances of Customer Verification applied on one or several Transactions, sections 2.2 shall apply for those Transactions.
   
   
   

3. CERTIFICATE POLICIES  

3.1  Customer agrees that the:

(a) Services at sections 1.1, 2.1, and 2.2 are based on DSF’s applicable Certificate Policies;

(b) Certificate Policies constitute essential commitments from DSF and its RA and DRA and to any third-party relying on the Services;

(c) Certificate Policies are available and can be accessed on Docusign’s website.

     3.2 Customer is responsible for the accuracy and completeness of the Signer Information sent to Docusign for issuance of Certificates. Docusign disclaims all liability regarding the accuracy of the Signer Information communicated by Customer or Signers

 4     CERTIFICATION SERVICES AND REVOCATION

     4.1 Except for instances of Customer Verification, DSF, in its capacity as CA, and Docusign for IDV Service and Docusign France for QES, in its capacity as RA, shall be responsible for (i) the proper functioning of the Service (ii) the compliance of its Certificates and Signer Identity and (iii) Signer Information management system and procedures with the terms of the applicable Certificate Policy(ies). DSF and Docusign shall technically manage the Certificate life cycle and its associated Signer Identity and Signer Information throughout their validity period to meet the requirements of the Services, in accordance with the applicable Certificate Policy(ies).

    4.2 For AES services provided under Sections 2.1 and 2.2, “Certificate(s)” means a certificate for electronic signature as defined in Article 3(14) eIDAS and generated by Docusign to confirm the link between Signer’s Identity and electronic signature creation Data. Certificate has a validity period of 1 hour and 5 minutes for AES. The Certificate is used as validation data as defined in Article 3(40) eIDAS to validate an electronic signature.

    4.3 For QES services provided under Section 1.1 above, “Certificate(s)” means a qualified certificate for electronic signature as defined in Article 3(15) eIDAS and generated by Docusign to confirm the link between Signer’s Identity and electronic signature creation Data. Certificate has a validity period of 10 days. The Certificate is used as validation data as defined in Article 3(40) eIDAS to validate an electronic signature.

    4.4 Revocation: In its capacity as CA, DSF enables Signers to report inaccurate Certificate information or issuance only for QES. These reports are authenticated revocation requests and can be submitted by Signers or legal persons through the online revocation portals located on the following website: https://ps-ws.dsf.docusign.net/ds-server/s/noauth/psm/revocation/step1, and if Docusign receives such authenticated online revocation request from Signer within the validity period of a Signer Certificate, Docusign shall add the relevant Signer Certificate(s) to the CRL maintained and published by the CA.

    4.5 Revocation after signing: Certificate revocation performed after the execution of an electronic signature does not invalidate such electronic signature. Revocation information will be available from CA in CRL. CRL shall be published on DSF website until it ceases its activity as TSP. CRL shall also be published on CRL distribution URL contained in Certificates until the last Certificate issued by CA expires. In the event of CA ceasing to do business, the Service being discontinued by CA or a compromise of CA key, the last CRL shall be generated, published and archived by TSP. 

    4.6 Online Certificate status:

(a) For AES, an expired and revoked Certificate shall no longer be in CRL but shall have a revoked status given by the online Certificate status of TSP.

(b) For QES, an unexpired Certificate with a revoked status given by the online Certificate status of TSP may have a valid status in CRL because the online Certificate status of TSP remains on CA database while CRL is issued every 24 hours. Such a difference in status can only last a maximum of 24 hours. CRL issued shall contain expired and revoked Certificates with an extension "expiredCertsOnCRL".

5. GENERAL 

   5.1 Incident Report. Customer agrees that, as TSP, DSF shall report Security Incidents including the relevant Customer and Signer Information to the Supervisory Body.

   5.2 Timestamps. eDocuments signed using the Services AES and QES only shall contain a qualified timestamp generated by DSF within the meaning of Article 3(34) eIDAS and certified under standard ETSI EN 319 421. The timestamp policy applicable to the Services is identified by the OID 1.3.6.1.4.1.22234.2.6.5.8 and is available on the DocuSign website, currently at https://www.docusign.com/fr-fr/societe/politiques-de-certifications

6. DIGITAL SIGNATURES (NON AES/QES)  

Additional Definitions

“Signer Information” for the purposes of this section 6 means any Signer’s Personal Data that is collected either by external TSP or contained in the Signer held certificate for the purpose of confirming the Signer Identity and contacting the Signer. Such data may include a government-issued ID (e.g., a passport), ID issued to Signer by a bank or national authority (e.g., an electronic ID) and/or name, email address and mobile phone number.

“DS Express Service” means the integration feature within the Docusign eSignature platform that enables Customers to utilize Digital Signature services through either (a) Docusign Inc as a Third Party TSP (b) a Third Party TSP selected by the Customer, or (c) a Third Party TSP made available by Docusign as a resold service 

6.1  Signers may leverage its existing digital certificate or a digital certificate issued by a Third Party TSP to apply a Digital Signature to an eDocument using the DS Express Service in the following ways:

1. The Signer can sign the eDocument using their existing Signer held digital certificate either stored locally (such as USB or Wallet), accessed via the cloud with a Third Party TSP that Docusign partners with or as is stored in its Docusign Identity Wallet.

2. The Signer can leverage a Third Party TSP that Docusign partners with which will issue the signer a digital certificate to sign with. 

6.2  Where the Signer leverages its digital certificate as outlined in section number 6.1(a) and 6.1(b)  then in that event, the Customer acknowledges and agrees that Docusign: 

(i) is facilitating the interoperability and integration with the Third Party TSP for Customer’s Signers 

(ii) is not liable for the acts or omissions of the Third Party TSP

(iii) disclaims all liability regarding the accuracy of any documentation provided by the Third Party TSP  

(iv) makes no representation or warranty of the legal validity of resulting e-signature and/or  certificate and

(v)  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 this Service and disclaims all liability regarding the accuracy of any Signer Identification.

6.3 Customer shall securely store and archive the Certificates of Completion for Transactions leveraging this offering. 

6.4 The Third Party TSP is a Third Party Service and the Customer and Signers will be subject to separate terms and conditions of the Third Party TSP. For further information on the Third Party TSP’s terms and conditions - including its trust service policy, limitations, or otherwise  please contact or visit the website of the Third Party TSP.

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SCHEDULE H: ID VERIFICATION SERVICE SCHEDULE FOR DOCUSIGN ESIGNATURE

Version date: November 6, 2025

Unless otherwise defined in this ID Verification Service Schedule for Docusign eSignature (the “Service Schedule”), capitalized terms will have the meaning given to them in the Agreement.

1. DEFINITIONS

“Customer Verification” means configuration for Signer Identification set by the Customer that a) deviates from the settings established by IDV Service or the IDP or b) validates the identity of a Signer when the IDV Service or the IDP has rejected a Signer Identification. 

“Docusign ID Verification” (or the “IDV Service”) means the Docusign Service that provides identification verification services to parties executing eDocuments using either Docusign Services or Third-Party Services. Specifically, the IDV Service allows a Customer to verify identity-related information of a Signer prior to Signer executing an eDocument. 

“Identity Provider(s)” (or “IDP”) 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, solely for purposes of this Service Schedule, a Signer (as defined in the Service Schedule for DocuSign eSignature) 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) The IDV Service facilitates the verification of Signer’s identity as part of a transaction with the Customer through the use of Third-Party Services. 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;

(b) 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 eSignature;

(c) Docusign may audit Customer’s use of the IDV Service to ensure compliance with the terms of the Agreement. This audit shall be limited to the production of documents by Customer to Docusign. If necessary, Customer shall comply with reasonable remediation actions identified by Docusign;

(d) 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; and

(e) Customer may utilize Customer Verification to validate Signer Identity.  In each case where Customer utilizes this functionality, Customer: 

(i) is solely responsible for the Signer Identification and any resulting legal or commercial losses or liabilities, 

(ii) further represents and warrants that the identification it performs complies with all relevant laws and regulations, and 

(iii) is solely responsible for the configuration of the content of Signer Identification data to be stored by Docusign, if any, and the definition of the retention period for such data.