Terms of Service

Introduction

Welcome to the Terms of Service of Esigen (“Esigen”, “we”, “us”, or “our”).

These Terms of Service (the “Terms”) govern your access to and use of the Esigen Email Signature Generator, provided through our desktop application for macOS and Windows, hosted viewer pages, and related services, features, tools, and content (collectively, the “Service”).

By creating an account, purchasing a subscription, accessing the Service, generating or hosting signatures, or viewing signature content through a company viewer page, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

These Terms apply to all users of the Service, including company administrators, authorized users, and public viewers, and form a legally binding agreement between you and Esigen. Certain features of the Service may be subject to additional disclosures or policies, including our Privacy Policy, which explains how we collect and process personal data.

We may update these Terms from time to time to reflect changes in the Service, legal requirements, or our business operations

1. Agreement, Structure, and Acceptance

1.1 Binding Agreement.

These Terms of Service (the “Terms”) form a legally binding agreement between Esigen and the entity or person accepting these Terms (“Customer”, “you”). If you accept these Terms on behalf of a company or other entity, you represent and warrant that you have the authority to bind that entity, and “Customer” refers to that entity.

1.2 Acceptance Methods.

You accept these Terms by (a) clicking “I agree” or similar, (b) creating an account, (c) purchasing a subscription, (d) using the Service, or (e) accessing a hosted viewer page under a Customer subdomain where these Terms are referenced.

1.3 Order of Precedence.

If there is a conflict between documents incorporated by reference, the following order applies unless expressly stated otherwise: (a) these Terms; (b) any written order form or plan confirmation issued by Esigen identifying plan, price, and term; (c) our Privacy Policy; (d) any in-product policies expressly labeled as controlling for a specific feature.

1.4 Changes to Terms.

We may update these Terms to reflect changes in the Service, law, or risk controls. Updated Terms take effect on the date stated in the updated Terms. If changes materially reduce your rights, we will use reasonable efforts to provide notice through the Service or by email. Continued use after the effective date constitutes acceptance.

1.5 Language.

These Terms may be made available in multiple languages. If we designate a controlling language version, that version governs to the extent permitted by law.

1.6 Apple App Store and Microsoft Store Disclaimer.

If you access, download, or purchase the Service through the Apple App Store or the Microsoft Store (each, a “Marketplace”), you acknowledge and agree that:

(a) these Terms are concluded solely between you and Esigen, and not with Apple Inc. or Microsoft Corporation (as applicable);
(b) Apple and/or Microsoft (as applicable) have no obligation to provide any maintenance or support services with respect to the Service;
(c) Apple and/or Microsoft (as applicable) are not responsible for addressing any claims relating to the Service, including product liability claims, regulatory compliance, consumer protection claims, or intellectual property infringement claims;
(d) your use of the Service through a Marketplace is subject to that Marketplace’s applicable rules, terms, and policies, and you are responsible for complying with them; and
(e) to the extent permitted by applicable law, Apple and Microsoft (and their subsidiaries) are third-party beneficiaries of this Section and may enforce it against you as a third-party beneficiary.

The Service may depend on device capabilities, operating system versions, and restrictions imposed by the Marketplace operator. Esigen does not warrant that all features will be available or function identically on all devices or OS versions.

2. Definitions and Interpretation

2.1 Key Definitions.

In these Terms:

(a) “Account” means a registered user profile created to access and use the Service.
(b) “Company Account” means the workspace, configuration environment, and administrative domain created and operated by a Customer under an active Subscription.
(c) “Company Administrator” means an Authorized User granted administrative privileges to configure the Service, manage users, upload and delete Assets, create and manage signature projects, and control Viewer Page visibility and access settings.
(d) “Authorized Users” means individuals authorized by the Customer to access and use the Service under the Customer’s Company Account, including Company Administrators.
(e) “Public Viewer” means any individual who accesses a Customer’s hosted Viewer Page to view, copy, or download Signature Output, whether such access is public or password-protected.
(f) “Employee Data” means personal data relating to the Customer’s employees, contractors, or personnel that is uploaded to, generated within, or displayed through the Service, including names, job titles, email addresses, phone numbers, departments, and similar information.
(g) “Assets” means logos, headshots, images, icons, banners, brand graphics, and other media uploaded to or used within the Service by the Customer.
(h) “Customer Data” means all data, content, and materials submitted to, stored in, generated by, or otherwise processed through the Service on the Customer’s behalf, including Employee Data, Assets, signature configuration data, disclaimers, social links, and vCard and QR code data.
(i) “Signature Output” means the generated outputs produced by the Service, including HTML email signature code, rendered designs, and exported image formats (such as PNG or JPEG), as well as associated QR codes and vCard representations.
(j) “Viewer Page” means the hosted web page or pages provided by the Service that display Signature Output and related Assets, typically accessible via a Customer-specific subdomain (a “Viewer Subdomain”).
(k) “Desktop Application” means the Esigen software application designed for installation and use on macOS and/or Windows computers, including any updates, patches, or new versions made available by Esigen.
(l) “Marketplace” means the Apple App Store and/or the Microsoft Store, as applicable.
(m) “Subscription” means the paid, time-limited right to access and operate a Company Account and related paid features of the Service for a defined term.

2.2 Interpretation.

References to “including” mean “including without limitation.” Section headings are for convenience only and do not affect interpretation.

3. Eligibility, Authority, and Customer Responsibility

3.1 Eligibility.

You must be able to form a legally binding contract under applicable law to use the Service. If you use the Service on behalf of an entity, that entity must be duly formed and in good standing (where applicable).

3.2 Administrator Authority; Internal Permissions.

Customer is solely responsible for:

(a) ensuring Company Administrators have appropriate authority and training;
(b) allocating roles/permissions appropriately; and
(c) all actions taken through Customer’s Account(s), including uploads, deletions, publication of Viewer Pages, password settings, and exports.

3.3 Customer Compliance Obligations.

Customer is responsible for ensuring that all Customer Data provided to the Service (including Employee Data) is collected, used, and shared lawfully, including providing required notices and obtaining necessary consents or other legal bases.

4. Accounts, User Types, and Access Model

4.1 User Types.

The Service supports, at minimum, the following user types:
(a) Company Administrators: full access to manage branding, signature projects, employee profiles, Assets, Viewer Subdomain settings, and visibility controls (including optional password protection), and to delete Customer Data.
(b) Public Viewers: no access to the signature generator interface or internal Company Account data; may view/copy/download Signature Output from Viewer Pages when permitted by Customer settings.

4.2 Access Model and Subscription Gating.

(a) Individuals may create Accounts; however, a valid Subscription is required to create and operate a Company Account and to use paid functionality.
(b) Only Customers with an active Subscription may create or manage signature projects, define employee profiles, upload or modify Assets, and configure Viewer Subdomain settings beyond any limited trial/exploration features we may offer.
(c) Customer acknowledges that Public Viewer access to Viewer Pages is a publication surface controlled by Customer configuration and may be public or password-protected.

4.3 Account Security.

Customer must ensure each Authorized User keeps credentials confidential, uses strong passwords, and promptly disables access for departed personnel. Customer is responsible for any activity under its Accounts, except to the extent caused by Esigen’s breach of these Terms.

4.4 Password Protection for Viewer Pages.

Where enabled, Viewer Page password protection is controlled by Customer. Customer is responsible for selecting, rotating, and distributing passwords and for preventing unauthorized disclosure. Esigen does not guarantee that password-protected Viewer Pages will prevent all access in all circumstances (e.g., compromised credentials, sharing by recipients, or browser/device compromise).

5. Scope of the Service

5.1 Service Functions.

The Service enables Customer to:

(a) create, edit, and manage signature templates and projects;
(b) create and manage employee profiles and associated signature assignments;
(c) customize design elements including fonts, colors, layout, social links, and disclaimers;
(d) upload and use Assets (including headshots and company logos);
(e) generate and export Signature Output (including HTML and image formats); and
(f) host Viewer Pages and related Assets via Viewer Subdomains for display, copy-to-clipboard, and download functionality.

5.2 Service Limitations; No Email Delivery.

The Service generates and hosts Signature Output. Customer’s email systems, email clients, and third-party mail servers control sending, rendering, and deliverability. Esigen does not provide email sending services and does not guarantee deliverability, inbox placement, or uniform rendering across email clients.

5.3 Customer Configuration Risk.

Customer acknowledges that:
(a) Viewer Pages may expose Employee Data (e.g., email address, phone number, job title) to recipients or the public depending on Customer settings; and
(b) Customer bears responsibility for configuring visibility, password protection, and the content it chooses to publish.

5.4 Third-Party Components.

Certain Service functions may rely on third-party services such as hosting infrastructure, analytics, and payment processors. While we select such providers with care, we are not responsible for outages or failures attributable to third parties beyond our reasonable control.

6. Subscriptions, Plans, and Service Term

6.1 Subscription Term.

Subscriptions are billed and provided on an annual term unless expressly stated otherwise at checkout or in a written plan confirmation.

6.2 Plan Scope and Limits.

Your Subscription plan may include limitations or quotas (e.g., number of companies, projects, subdomains, storage capacity, employee profiles, or other feature gates). Customer must comply with plan limits. If Customer exceeds plan limits, Esigen may (a) require an upgrade, (b) restrict additional usage, or (c) suspend the over-limit functionality until compliance is restored.

6.3 Changes and Plan Movements.

We may offer upgrades, downgrades, or custom plans. Unless stated otherwise at the time of change, plan changes take effect at the start of the next Subscription term or immediately if you purchase an upgrade that explicitly applies immediately.

6.4 Trials and Limited Features.

If we offer trial or limited-access functionality, such access may be restricted in features, time, storage, and data retention. Trial access may be withdrawn at any time unless prohibited by law.

7. Fees, Billing, Payment Processing, and Taxes

7.1 Fees; Currency.

Fees are as displayed at checkout or in a written plan confirmation. Unless otherwise stated, fees are payable in advance for the Subscription term.

7.2 Payment Processing (Direct Sales via Web/Desktop).

For direct purchases made through our website or other direct checkout flows we provide (excluding Marketplace purchases), payments are processed through our designated payment processor(s). You authorize our payment processor(s) to charge the applicable fees, taxes, and any renewal charges you have agreed to. Esigen does not store full payment card numbers; however, we may store billing contact details, invoices, transaction references, and other payment metadata necessary for billing administration, fraud prevention, customer support, and accounting.

7.3 Invoices and Tax.

Customer is responsible for all applicable taxes, duties, levies, or similar governmental assessments, including VAT, except to the extent such taxes are based on Esigen’s income. If withholding is required by law, Customer must gross-up payments unless prohibited.

7.4 Failed Payments; Suspension.

If payment fails or is reversed (including chargebacks), we may suspend or restrict access to paid features, including disabling Viewer Pages, until payment is received and any dispute is resolved.

7.5 No Refunds (Framework; detailed clause pending).

Subscription purchases are generally non-refundable except where required by applicable law. The operational and legal consequences of cancellation/expiry and data deletion are set out below in these Terms.

7.6 App Store / Marketplace Purchases.

Where subscriptions or features are purchased through the Apple App Store or the Microsoft Store, payment processing, refunds, cancellations, and subscription management are handled by the relevant Marketplace in accordance with its applicable terms and policies. Esigen does not control and is not responsible for Marketplace billing processes and does not receive payment card information for Marketplace purchases. Any billing inquiries relating to Marketplace purchases must be directed to the relevant Marketplace.

7.7 Marketplace Purchases (Apple App Store / Microsoft Store).

If you purchase a subscription or paid feature through the Apple App Store or Microsoft Store, then payment processing, renewals, cancellations, refunds, and subscription management are handled by the relevant Marketplace in accordance with its terms and policies. Esigen does not control Marketplace billing processes and does not receive your payment card details for Marketplace purchases. Any billing inquiries relating to Marketplace purchases must be directed to the relevant Marketplace.

8. Refunds, Chargebacks, and Billing Disputes

8.1 General No-Refund Position.

Except where mandatory law requires otherwise, all Subscription fees are non-cancellable and non-refundable , including where Customer does not use the Service, uses it only partially, or terminates early.

8.2 Chargebacks and Reversals.

If Customer initiates a chargeback, payment reversal, or payment dispute, Esigen may immediately (a) suspend access to the Service and Viewer Pages, and/or (b) require Customer to cure the outstanding amount (including chargeback fees we reasonably incur) as a condition of reinstatement.

8.3 Billing Disputes.

Customer must notify Esigen of any billing dispute within 30 days of the charge date by contacting the email listed above with sufficient detail to identify the transaction and the basis of the dispute. Failure to notify within that period waives the dispute to the extent permitted by law.

8.4 App Store / Marketplace Purchases.

If any portion of the Subscription or app access is purchased through a third-party marketplace (e.g., Apple App Store or Microsoft Store), billing, refunds, and cancellations may be governed by that marketplace’s rules. Where marketplace rules apply, the Customer must seek refunds through the marketplace unless mandatory law requires otherwise.

9. Renewal, Cancellation, Termination, and Effect

9.1 Renewal.

Subscription renewal mechanics (auto-renewal or manual renewal) are as presented at checkout, in-app, or in any written plan confirmation. Customer is responsible for ensuring billing information remains current.

9.2 Cancellation

The customer may cancel renewal through the Service (if available) or by contacting Esigen. Cancellation prevents future renewal; it does not retroactively reduce fees for the current term except where mandatory law requires otherwise.

9.3 Termination by Esigen.

Esigen may terminate or suspend the Service (in whole or part) immediately upon notice if:
(a) Customer materially breaches these Terms and fails to cure within a reasonable time after notice (or where breach is not curable);
(b) Customer’s use creates a security risk, facilitates phishing/impersonation, or threatens the integrity of the Service;
(c) required by law, court order, or governmental authority; or
(d) Customer fails to pay fees when due.

9.4 Effect of Termination / Expiry.

Upon expiry or termination:
(a) access to the signature generator and paid features is removed;
(b) Viewer Pages and Viewer Subdomains may be disabled; and
(c) Customer Data is handled in accordance with Section 13 (Retention and Deletion).

9.5 Survival.

Sections intended to survive termination survive, including Sections 8, 13 (for deletion obligations), 18–21, 24–28, and any payment obligations accrued prior to termination.

10. Viewer Subdomains, Publication Controls, and Availability Boundaries

10.1 (a) Subdomain Hosting.

Esigen may provide Customer with a Viewer Subdomain under Esigen-controlled domains or another domain structure we provide. Customer acknowledges that Viewer Subdomains are part of the Service and may be modified for security, technical, or operational reasons.

10.1 (b) Subdomain Availability and Selection.

Viewer Subdomains are selected by the Customer subject to technical availability and naming constraints. Esigen does not guarantee the availability of any particular subdomain, including specific words, names, or formats requested by the Customer. All Viewer Subdomains provided are intended to be unique at the time of assignment, but availability may be affected by prior allocations, technical limitations, security considerations, or operational requirements.

10.2 Publication Surface; Indexing Risk.

Viewer Pages are a publication surface for Signature Output and associated Assets. Unless Customer enables password protection or other access restrictions provided by the Service, Viewer Pages may be accessible to anyone with the link and may be discoverable through referrals, forwarding, or indexing by third parties (e.g., search engines) beyond Esigen’s control.

10.3 Customer Responsibility for Content Shown.

Customer is solely responsible for:
(a) deciding which Employee Data appears on signatures and Viewer Pages;
(b) determining whether Viewer Pages should be public or password-protected; and
(c) ensuring displayed information is accurate, current, and lawful.

10.4 No Guaranteed Uptime; No SLA

Esigen aims for high availability but does not provide any guaranteed uptime or service level commitment unless Esigen signs a separate written SLA expressly identified as such.

10.5 Maintenance and Interruptions.

The Service may be unavailable due to scheduled maintenance, emergency maintenance, provider outages, or events beyond Esigen’s reasonable control. Where practicable, Esigen will use reasonable efforts to provide notice of planned maintenance that materially affects availability.

11. Customer Data; Controller/Processor Roles; Processing Terms

11.1 Ownership of Customer Data.

As between the parties, Customer retains all right, title, and interest in and to Customer Data. Esigen does not acquire ownership of Customer Data.

11.2 Controller vs Processor Allocation.

(a) Employee Data / Company-Provided Personal Data. Where Customer uploads or inputs Employee Data (or other personal data relating to Customer personnel) for signature generation and hosting, Customer acts as data controller and Esigen acts as data processor processing such data solely to provide the Service.
(b) Account/Billing/Service Administration Data. To the extent Esigen processes personal data for its own account administration (e.g., admin contact email, billing records, fraud prevention, security logs), Esigen may act as an independent controller for those limited purposes.

11.3 Customer Instructions.

Customer instructs Esigen to process Customer Data to: (a) generate and display signatures; (b) host Viewer Pages and Assets; (c) provide platform functionality; (d) manage subscriptions and billing; (e) secure and maintain the Service; and (f) provide customer support. Customer’s use of the Service features constitutes documented instructions.

11.4 Customer Warranties for Data.

Customer represents and warrants that:
(a) it has provided all required notices and obtained all necessary rights, consents, and lawful bases to provide Employee Data to Esigen and to publish any personal data on signatures/Viewer Pages as configured by Customer;
(b) it will not submit special category/sensitive data unless strictly necessary and legally permitted; and
(c) it will not provide data that infringes third-party rights or violates law.

11.5 Confidentiality of Processing.

Esigen will ensure persons authorized to process Customer Data are bound by appropriate confidentiality obligations.

11.6 Security Measures.

Esigen will implement and maintain reasonable administrative, technical, and organizational measures designed to protect Customer Data against unauthorized access, disclosure, or alteration, taking into account the nature of the data and risks.

11.7 Subprocessors.

Customer authorizes Esigen to engage subprocessors to provide the Service (including infrastructure hosting, analytics tooling, and payment processing). Esigen’s currently intended providers include: (a) Contabo (infrastructure/VPS hosting); (b) Google Analytics (usage/performance analytics); and (c) Param (payment processing for web/desktop transactions). Esigen remains responsible for its subprocessors to the extent required by applicable law.

11.8 Assistance.

To the extent required by applicable law and reasonable in scope, Esigen will provide commercially reasonable assistance to Customer to respond to data subject requests relating to Employee Data, recognizing that Esigen can act only within the functionality of the Service and Customer’s instructions.

11.9 Audits.

To the extent mandated by applicable law, Customer may request reasonable information to confirm Esigen’s compliance with these processing terms. Any audit request must be (a) no more than once annually unless a substantiated security incident requires otherwise, (b) subject to confidentiality, and (c) limited to information reasonably necessary to demonstrate compliance.

12. Privacy, Cookies, Analytics, and Logs

12.1 Privacy Policy.

Our processing practices for the Service are described in our Privacy Policy (separately published). Where these Terms and the Privacy Policy address the same topic, these Terms govern the contract relationship and the Privacy Policy governs transparency disclosures, subject to mandatory law.

12.2 Analytics.

Esigen may use analytics tools (including Google Analytics) to understand performance, diagnose errors, and improve reliability and security. Analytics are not used by Esigen for advertising-based profiling.

12.3 Cookies and Similar Technologies (Web).

The web version of the Service may use cookies or similar technologies for authentication, session integrity, preferences, and analytics. Where consent is required by applicable law, Esigen will implement consent mechanisms appropriate to the jurisdiction and context.

12.4 Logs.

The Service may collect standard server logs such as IP address, device/browser metadata, timestamps, and error logs for security, abuse prevention, troubleshooting, and performance monitoring.

13. Retention, Deletion, and Irreversibility

13.1 Customer-Controlled Deletion.

Company Administrators may delete Customer Data (including employee profiles and Assets) using available Service functions. Customer acknowledges that deletions may affect Signature Output, Viewer Pages, and exports.

13.2 Subscription Expiry / Cancellation Deletion Policy.

Unless Esigen states otherwise in writing, upon Subscription expiry or termination:
(a) The Signature Generator App functionality is disabled;
(b) Viewer Subdomain access may be disabled; and
(c) Customer Data may be deleted from active systems as part of the Service shutdown process.

13.3 Irreversibility; No Restoration Commitment.

Customer acknowledges that deletion is intended to be permanent and Esigen is not obligated to restore deleted Customer Data. Esigen does not provide a “data recovery” service.

13.4 Residual Data.

Customer acknowledges that limited residual copies of data may persist temporarily in technical systems (e.g., logs, security records, or system backups used for continuity) and will be overwritten or removed in the ordinary course, except to the extent retention is required by law (such as invoices and transaction records).

13.5 Legal Retention.

Esigen may retain transaction metadata, invoices, and related accounting records as legally required and for legitimate business purposes such as tax, fraud prevention, and dispute handling.

14. Security Responsibilities; Incident Handling

14.1 Customer Security Obligations.

Customer must:
(a) protect credentials and require strong authentication practices;
(b) promptly revoke access for departed or unauthorized users;
(c) maintain appropriate endpoint security on devices used to access the Service; and
(d) ensure that passwords used for Viewer Pages (if enabled) are not reused or shared inappropriately.

14.2 Security Incidents.

If Esigen becomes aware of a security incident involving unauthorized access to Customer Data in Esigen’s systems, Esigen will use commercially reasonable efforts to:

(a) investigate and contain the incident;
(b) notify Customer without undue delay where required by applicable law; and
(c) provide information reasonably necessary for Customer to meet its legal obligations, subject to law enforcement restrictions and confidentiality.

14.3 Customer Misconfiguration.

Customer acknowledges that many exposures arise from Customer configuration choices (e.g., public Viewer Pages, content published, password sharing). Esigen is not responsible for unauthorized access caused by Customer’s systems, choices, or credential compromise outside Esigen’s control.

15. Acceptable Use and Prohibited Conduct

15.1 General Standard.

Customer and Authorized Users must use the Service lawfully, in good faith, and in a manner that does not harm Esigen, other customers, Public Viewers, or third parties.

15.2 Prohibited Conduct.

Customer must not, and must not allow any third party to:

(a) upload or distribute malware, spyware, or harmful code;
(b) engage in phishing, impersonation, deception, or fraudulent identity representation via signatures, Viewer Pages, QR codes, or vCard links;
(c) upload illegal, infringing, defamatory, abusive, or otherwise unlawful content;
(d) attempt to gain unauthorized access to the Service, Viewer Pages, or underlying infrastructure;
(e) scrape, crawl, harvest, or systematically download Viewer Pages or Service content at scale without Esigen’s prior written consent;
(f) reverse engineer, decompile, or attempt to derive source code or underlying ideas from the Service;
(g) circumvent feature limits, paywalls, or security controls; or
(h) use the Service to send spam or facilitate mass unsolicited email campaigns.

15.3 Enforcement.

Esigen may investigate suspected violations and may suspend or terminate access, remove Viewer Pages, or restrict features to prevent harm, comply with law, or protect the Service.

16. Signature Content Standards; Disclaimers Entered by Customer

16.1 Accuracy and Authority.

Customer is responsible for ensuring that employee names, titles, qualifications, contact details, addresses, and any statements shown in Signature Output are accurate and authorized.

16.2 Legal Disclaimers and Footers.

If Customer uses the Service to create legal disclaimers (e.g., confidentiality notices, regulatory disclosures), Customer acknowledges:
(a) Esigen does not provide legal advice;
(b) Esigen does not warrant that any disclaimer is legally effective or sufficient; and
(c) Customer is solely responsible for selecting and maintaining disclaimer wording and ensuring compliance with industry or jurisdiction-specific requirements.

16.3 Brand and IP Integrity.

Customer must not publish signatures that
(a) misuse third-party trademarks,
(b) create false affiliation,
(c) infringe copyrights, or
(d) misrepresent brand ownership.

17. Suspension, Takedown, and Emergency Measures

17.1 Suspension Rights.

Esigen may suspend or restrict access to the Service (including disabling Viewer Pages) immediately if:
(a) Customer is in breach of these Terms;
(b) Customer’s use poses a security threat or facilitates phishing/impersonation;
(c) Esigen receives a credible legal complaint;
(d) required by law; or
(e) payment is overdue or disputed.

17.2 Targeted Actions.

Where feasible, Esigen may take targeted action (e.g., disabling a specific Viewer Page or project) rather than suspending the entire Company Account; however, Esigen may suspend broadly where risk or urgency requires.

17.3 Restoration.

Restoration is at Esigen’s discretion and may require Customer to
(a) remediate the breach,
(b) confirm lawful authority for content,
(c) reset credentials, and/or
(d) pay outstanding amounts.

18. Customer Materials; Operational License to Esigen

18.1 Customer Ownership.

Customer retains ownership of all Customer Data, including Assets, Employee Data, signature configuration data, and vCard/QR information.

18.2 License Grant to Operate the Service.

Customer grants Esigen a limited, non-exclusive, worldwide, revocable license during the term to host, store, reproduce, process, display, and transmit Customer Data solely to:
(a) provide, operate, and secure the Service;
(b) generate and deliver Signature Output and Viewer Pages;
(c) optimize or resize Assets for performance; and
(d) fulfill Customer support requests.

18.3 No Secondary Use.

Esigen does not sell Customer Data and does not use Customer Data for advertising.

19. Rights in Generated Signature Output

19.1 Customer Rights.

As between the parties, Customer owns the Signature Output generated from Customer Data (including exported HTML and image outputs), subject to Customer’s compliance with these Terms and third-party rights.

19.2 Responsibility for Use.

Customer is responsible for how Signature Output is deployed into email systems and for ensuring it complies with email client policies, corporate IT policies, and applicable law.

20. Esigen Intellectual Property; Restrictions

20.1 Esigen IP.

The Service, including its software, editor engine, templates, layouts, style presets, UI, rendering logic, and codebase, is owned by Esigen and/or its licensors and is protected by intellectual property laws.

20.2 Limited Right to Use.

Subject to payment and compliance, Esigen grants Customer a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the Subscription term for Customer’s internal business purposes.

20.3 Restrictions.

Customer must not:
(a) copy, extract, reproduce, or create derivative works of the Service or templates except as permitted through normal use of Signature Output;
(b) use the Service to build or assist a competing product;
(c) remove proprietary notices; or
(d) resell, rent, or lease the Service to third parties (except where expressly allowed in a custom enterprise arrangement).

20.4 Application / Desktop Application License (Apple App Store and Microsoft Store).

Subject to your compliance with these Terms and the applicable Marketplace rules (if any), Esigen grants you a limited, non-exclusive, non-transferable, revocable license during your Subscription term to download, install, and use the desktop application(s) (including macOS and Windows versions) solely on devices that you own or control (or that are controlled by your organization) and solely for your internal business use in connection with the Service.

You represent and warrant that your use of the Service complies with all applicable laws and regulations, including export control and sanctions laws, and that you are not located in, or a national of, any country subject to comprehensive trade restrictions where such use is prohibited.

21. Third-Party Services and Links

21.1 Third-Party Services.

The Service may depend on third-party providers such as hosting infrastructure (e.g., Contabo), analytics tools (e.g., Google Analytics), and payment processors (e.g., Param). Customer acknowledges third-party services are outside Esigen’s direct control.

21.2 Third-Party Terms.

Third-party services may impose their own terms and privacy practices. To the extent Customer uses features involving third parties (including marketplaces for app purchases), Customer is responsible for compliance with applicable third-party terms.

21.3 Links.

Viewer Pages may include links (e.g., social profiles, websites, vCards). Customer controls link content. Esigen is not responsible for third-party sites or content accessed through links.

22. Support and Maintenance

22.1 Support Scope.

Esigen may provide customer support through channels we designate (e.g., email). Support does not include custom development, legal review of disclaimers, DNS consulting beyond reasonable guidance, or changes outside the Service’s standard functionality unless agreed separately.

22.2 Maintenance.

Esigen may deploy updates, patches, and new features. Customer acknowledges the Service may change over time, including changes to templates, editor features, or export behavior, provided that the core purpose of the Service remains materially consistent.

22.3 Priority Support.

If priority support is offered, it applies only where expressly purchased and confirmed in writing by Esigen.

23. Feedback

23.1 Use of Feedback.

If Customer provides feedback, ideas, or suggestions (“Feedback”), Customer grants Esigen a perpetual, worldwide, royalty-free right to use and incorporate Feedback into the Service without restriction or obligation, provided Esigen does not publicly attribute Feedback to Customer without consent.

24. Disclaimers

24.1 Service Provided “As Is” and “As Available.”

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis. Esigen disclaims all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

24.2 No Guarantee of HTML Output, Rendering, or Email Client Compatibility.

Esigen does not guarantee that the generated HTML signature output will work correctly in all email programs or environments (including, without limitation, Outlook, Gmail, Apple Mail, webmail interfaces, mobile email apps, and corporate email systems). Email clients, platforms, and security gateways may automatically modify, sanitize, compress, or rewrite signature HTML and styling , which can cause changes such as colors changing, line height/spacing shifting, fonts being substituted, images resizing or being blocked, layout breaking, or dark-mode behavior varying. These modifications are performed by the relevant email program/platform (not Esigen), are outside Esigen’s control, and do not constitute a defect, warranty breach, or failure of the Service.

24.3 No Guarantee of Confidentiality via Viewer Pages.

Customer acknowledges Viewer Pages are intended for display/copy/download and may be forwarded, shared, or accessed beyond Customer’s intended audience. Password protection reduces risk but is not a guarantee against unauthorized access.

24.4 No Legal Advice.

Esigen is not a law firm and does not provide legal advice. Customer is responsible for legal compliance of signature content, disclaimers, and publication choices.

25. Limitation of Liability

25.1 Exclusion of Indirect Losses.

To the maximum extent permitted by law, Esigen will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, business opportunities, data, or anticipated savings, arising out of or relating to the Service or these Terms.

25.2 Liability Cap.

To the maximum extent permitted by law, Esigen’s total aggregate liability arising out of or relating to these Terms will not exceed the total fees paid by Customer to Esigen for the Subscription in the 12 months immediately preceding the event giving rise to the claim.

25.3 Allocation of Risk.

Customer acknowledges that fees reflect the allocation of risk in these Terms, including the disclaimers and limitations of liability.

25.4 Exceptions.

Nothing in these Terms limits liability to the extent it cannot be limited under applicable law (for example, liability for intentional misconduct where limitation is prohibited).

26. Indemnities

26.1 Customer Indemnity.

Customer will defend, indemnify, and hold harmless Esigen and its affiliates, officers, directors, employees, and agents from and against any third-party claim, demand, loss, liability, and expense (including reasonable legal fees) arising out of or relating to:
(a) Customer Data (including Employee Data and Assets), including allegations of privacy violations, unlawful publication, or IP infringement;
(b) Customer’s signatures, Viewer Pages, QR/vCard links, and content decisions (including phishing/impersonation allegations arising from Customer misuse);
(c) Customer’s breach of these Terms; or
(d) Customer’s violation of law.

26.2 Indemnity Process.

Esigen will: (a) promptly notify Customer of the claim (to the extent legally permitted); (b) reasonably cooperate; and (c) allow Customer to control defense and settlement, provided Customer may not settle in a manner that imposes non-monetary obligations on Esigen without Esigen’s prior written consent.

27. Confidentiality

27.1 Confidential Information.

“Confidential Information” means non-public information disclosed by one party to the other relating to the Service, security measures, product roadmap, pricing, Customer Data, and business operations, whether marked confidential or reasonably understood to be confidential.

27.2 Obligations.

The receiving party will:
(a) use Confidential Information only to perform under these Terms;
(b) protect it using reasonable care; and
(c) not disclose it except to personnel and professional advisors bound by confidentiality and needing to know.

27.3 Exclusions.

Confidential Information does not include information that is: (a) publicly available through no breach; (b) independently developed; (c) lawfully received from a third party without breach; or (d) required to be disclosed by law (subject to notice where legally permitted).

28. Legal Terms: Governing Law, Notices, and Miscellaneous

28.1 Governing Law and Venue.

These Terms are governed by and construed in accordance with the laws of the Republic of Turkiye, without regard to its conflict-of-laws principles. The courts and enforcement offices of Kayseri, Turkiye , shall have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service, except where mandatory law requires otherwise.

28.2 Notices.

Notices to Esigen must be sent to the contact email above (and may additionally be sent by physical mail to the registered address). Notices to Customer may be provided via email to the admin contact on file, in-product notifications, or other reasonable methods.

28.3 Assignment.

Customer may not assign these Terms without Esigen’s prior written consent, except to an affiliate or in connection with a merger or sale of substantially all assets, provided the assignee agrees in writing to be bound by these Terms. Esigen may assign these Terms as part of a corporate reorganization, merger, or sale.

28.4 Force Majeure.

Neither party is liable for failure or delay caused by events beyond reasonable control, including internet outages, hosting provider outages, governmental actions, disasters, or labor disputes.

28.5 Severability.

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will remain in full force.

28.6 Entire Agreement.

These Terms constitute the entire agreement between the parties regarding the Service and supersede prior discussions or agreements on the same subject matter.

28.7 No Waiver.

Failure to enforce any right is not a waiver of that right.

28.8 Relationship.

The parties are independent contractors. These Terms do not create a partnership, agency, or employment relationship.