End User Licence Agreement (EULA)

1. Agreement to this Licence

This Licence is entered into between you and SparkRelay Tech Services ("Company," "we," "us," or "our"), with registered address at 2000 Hogback Rd, Suite 6, Ann Arbor, MI 48105-9735, USA, and governs the software, web application, interfaces, and related services made available under the name MultiSigner (the "Service").

This Licence supplements and forms part of our Terms and Conditions, which are incorporated herein by reference. In the event of a direct conflict between this Licence and the Terms and Conditions regarding the scope of your licence to use the Service, this Licence prevails; on all other matters, the Terms and Conditions prevail.

If you access or use the Service on behalf of a company, organisation, or other legal entity, you represent and warrant that you have full authority to bind that entity to this Licence. In that case, "you" refers to both you individually and that entity.

This Licence is the seller's licence referred to in Fungies' Buyer Terms of Service. It is the document that governs how you may use the Product.

2. Definitions

• "Service" means the MultiSigner electronic document signing platform, including its software, web interface, application programming interfaces, and any updates or new versions made available by the Company.
• "End User" means the individual or entity that registers for, accesses, or uses the Service.
• "Account Holder" means the End User in whose name the account is registered and who is responsible for the account, its credits, and its use of the Service.
• "Credits" means the prepaid units purchased by an Account Holder and consumed by the Service as described in Section 6.
• "Documents" means the PDF files and related files you upload to, or generate through, the Service.
• "Signing Credentials" means your digital certificate in PKCS#12 (.p12/.pfx) format and the password protecting it.
• "Signature Flow" means a signing workflow in which the Account Holder invites one or more third-party signers to sign documents in sequence through a tokenised link.
• "Signer" means an individual invited by an Account Holder to sign documents through a Signature Flow.
• "Fungies" means the Fungies entity identified on your receipt or invoice, being either Fungies Inc., 2100 Geng Road, Suite 210, Palo Alto, California 94303, United States, or Fungies Europe PSA, Al. Jerozolimskie 109 / 70, 02-011 Warsaw, Poland.
• "Merchant of Record" means the entity that is the legal seller of record for a purchase transaction, being Fungies.

3. Grant of Licence

Subject to your continuous compliance with this Licence and the Terms and Conditions, the Company grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable, and non-perpetual licence to access and use the Service, solely through the interfaces we provide, solely for your own internal business or personal purposes, and solely for the duration of your account.

The Service is licensed, not sold. You acquire no ownership interest in the Service, in any copy of it, or in any intellectual property rights relating to it. All rights not expressly granted in this Licence are reserved by the Company and its licensors.

Your licence is granted per account. Unless we expressly agree otherwise in writing, one Account Holder may not share a single account among multiple unaffiliated persons or entities.

4. Licence Conditions and Restrictions

The licence granted in Section 3 is expressly conditioned on the following restrictions. You agree that you will not, and will not permit or enable any third party to:

• copy, reproduce, distribute, publish, publicly display, or make the Service available to any third party, except as expressly permitted by this Licence;
• sell, resell, rent, lease, lend, sublicense, assign, timeshare, or otherwise commercially exploit the Service or access to it, including as a service bureau or by including it in a product or service you offer to others;
• reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying structure, ideas, algorithms, or trade secrets of the Service, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
• modify, translate, adapt, arrange, or create derivative works based on the Service, or merge the Service with any other software;
• remove, obscure, alter, or circumvent any copyright notice, trademark, proprietary legend, watermark, attribution, or technical protection measure in or on the Service, including the graphic signature applied to documents;
• conduct penetration testing, vulnerability scanning, load testing, benchmarking, or competitive analysis against the Service without our prior written consent;
• access the Service by automated means (including bots, scrapers, crawlers, or harvesting tools) other than through our documented interfaces and within published rate limits;
• use the Service to build, train, or improve a competing product or service;
• use the Service in any way that is unlawful, infringing, fraudulent, or that violates Section 11 (Acceptable Use) or the Terms and Conditions;
• circumvent, disable, or interfere with security-related features, authentication, access controls, credit accounting, or usage limits of the Service.

Any breach of this Section is a material breach of this Licence and may result in the immediate suspension or termination of your licence and account, in accordance with Section 17.

5. Accounts, Credentials and Security

• Eligibility. You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service.
• Accurate information. You must provide accurate, current, and complete registration information, including your email address, name, country, city, address, and mobile phone number with country code, and keep it up to date.
• Your identity. Your email address serves as your unique username. You may not impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Confidentiality. You are solely responsible for maintaining the confidentiality of your password and for all activity that occurs under your account, whether or not authorised by you.
• Multi-factor authentication. The Service requires a one-time password (OTP) sent to your registered email address as part of the login process and before certain operations. You are responsible for maintaining access to that email account and for the security of the device and mailbox you use.
• One account per person. You may not create multiple accounts to circumvent credit limits, free-credit entitlements, usage restrictions, or any suspension or termination.
• Notification. You must notify us immediately at info@multisigner.vip of any unauthorised access to or use of your account, or any suspected compromise of your credentials.
• Responsibility for your users. If you add users to your account, you are responsible for their acts and omissions and for ensuring they comply with this Licence.

6. Credits, Licence Units and Expiry

• Consumption. The Service operates on a prepaid credit model. For the standard signing service, each document successfully signed consumes one (1) credit. For Signature Flows, one (1) credit is consumed for each signature actually applied, calculated as the number of signers multiplied by the number of documents each of them signs, and charged to the Account Holder's account.
• Charged only for what is signed. Credits are deducted only for signatures and documents actually completed. If an operation fails or is cancelled, no credit is consumed for the part that was not completed.
• Packages and pricing. Credits are purchased in fixed-price packages denominated in U.S. dollars. Package sizes, prices, and any included entitlements may change from time to time, and changes apply to future purchases only.
• No cash value. Credits are a limited licence unit for use within the Service. They have no cash value, are not legal tender, do not earn interest, and are not redeemable for cash or for any refund, except as required by applicable law or as provided in Section 14.
• Non-transferable. Credits are personal to the Account Holder, are non-transferable, and may not be sold, gifted, exchanged, pooled, or consolidated between accounts, except with our prior written consent.
• Free credits. Promotional or free credits granted at registration (currently ten (10) credits) are granted once per person and per account. Unless you purchase a paid package, free credits expire ten (10) days after they are granted and any unused balance of free credits is removed from your account. Once you complete a purchase of any paid package, your remaining free credits no longer expire.
• Referral bonuses. Where a referral programme is available, bonus credits are subject to the terms of that programme, may be capped, may be adjusted or withdrawn if the underlying purchase is refunded, reversed, or disputed, and are never redeemable for cash.
• Service credits. Service credits issued under our Service Level Agreement are additional credits, are not redeemable for cash, and are governed by that document.
• Accuracy. Our credit ledger is the authoritative record of your balance and consumption. You should review your transaction history regularly and report any discrepancy to us within thirty (30) days of the transaction concerned.

7. Your Documents and Content

• Ownership. You retain all rights, title, and interest in and to the Documents you upload. The Company claims no ownership over your Documents.
• Limited licence to us. By uploading Documents, you grant the Company a limited, non-exclusive, royalty-free, revocable licence to store, transmit, process, and technically modify those Documents solely to the extent necessary to provide the Service, including applying signatures, rendering previews, packaging files, and temporarily storing them for delivery.
• Your warranties. You represent and warrant that: (a) you own or have all necessary rights, licences, and consents to upload and process each Document; (b) each Document does not infringe the intellectual property, privacy, or other rights of any third party; and (c) your processing of each Document complies with all laws applicable to you.
• No permanent or archival storage. The Company does not provide definitive, permanent, or archival storage of documents. The Service is a processing and delivery tool, not a backup, archive, or records-management service. You must not rely on the Service as the only or principal location of any document.
• Limited and variable retention. Original and signed files are stored only temporarily. Signed packages remain available for download for a limited retention period determined by the Company at its sole discretion. That period may be changed, reduced, or extended by the Company from time to time, and may differ between features or plans. It is published in the Service and is currently thirty (30) days for signed ZIP packages. In no case is retention indefinite or permanent. Once the applicable period expires, the files are automatically and permanently deleted and cannot be recovered.
• Your responsibility to download. The retention period is set to give you sufficient time to download and securely store your documents. You are solely responsible for downloading your signed documents within that period and for keeping your own secure copies. The Company has no obligation to notify you before deletion, has no obligation to restore deleted files, and accepts no responsibility or liability for any document that you failed to download in time.
• No recovery obligation. We are not obligated to recover or restore any Document that has been deleted in accordance with our retention periods, and we shall have no liability for any loss arising from deletion in accordance with this Licence.
• Confidentiality. We do not use your Documents for purposes unrelated to providing the Service, and we do not make them publicly available.

8. Digital Certificates and Signing Credentials

• Your certificate, your responsibility. You are solely responsible for obtaining, maintaining, safeguarding, and lawfully using your Signing Credentials, and for verifying that your certificate is valid, not revoked, and suitable for the documents you sign.
• Not a certification authority. The Company does not issue, validate, verify, register, or revoke digital certificates. The Company is not a certification authority, registration authority, trust service provider, or qualified trust service provider under any applicable regime, and does not provide any form of digital identity verification service.
• Transient processing. Your Signing Credentials are processed only transiently in order to perform the signing operation you request. They are held encrypted (AES-256-GCM) only while the signing operation is active, for a configurable time-to-live (by default twenty (20) minutes), and are permanently and automatically deleted when the operation completes, fails, is cancelled, or expires. They are never stored permanently and the certificate password is never retained.
• No retention or escrow. We do not escrow, back up, or retain any copy of your Signing Credentials. If you lose your certificate or its password, we cannot recover them.
• Authority to sign. You warrant that you are lawfully authorised to use the Signing Credentials you upload, and that for every document you sign you have the legal capacity and authority to do so, whether on your own behalf or on behalf of another person or entity whose authority you validly hold.

9. No Legal Effect; Responsibility for Signed Content

Responsibility for what is signed rests with the signer. The Company does not review, verify, validate, approve, or monitor the content of any document processed through the Service, and takes no position on its accuracy, truthfulness, legality, or effect. Deciding what to sign, and accepting every legal consequence of signing it, is entirely and exclusively the responsibility of the individual who signs and, where applicable, of the account holder who arranged the signing. The Company accepts no responsibility or liability for the content of any document, for any act, omission, or decision taken on the basis of a signed document, for any loss suffered by any person who relied on one, or for any signature applied without proper authority.

• Technical tool only. The Service is a technical tool that applies the PAdES (PDF Advanced Electronic Signatures) format and, where configured, an RFC 3161 time-stamp obtained from a third-party Time Stamping Authority.
• No guarantee of legal effect. The Company does not warrant, represent, or guarantee that any signature produced through the Service will have any particular legal effect, validity, enforceability, admissibility, or evidentiary weight in any jurisdiction, or that it will satisfy any particular legal, regulatory, contractual, or industry requirement. These matters depend on applicable law and on the trustworthiness, authority, and legal status of your certificate, over which we have no control.
• No professional advice. Nothing in the Service constitutes legal, financial, tax, accounting, or other professional advice. You are solely responsible for determining whether a signed document meets the requirements applicable to your use case, and you should seek independent professional advice where appropriate.
• Your compliance. You are responsible for complying with all laws applicable to electronic signatures, electronic records, and document retention in the jurisdictions relevant to you and to your signers.

10. Signature Flows and Third-Party Signers

Signature Flows allow you to invite third parties to sign documents. When you use them, the following applies:

• You are the controller of your signers' data. You determine which documents are sent, which individuals are invited, and the purposes of the processing. For the personal data of your Signers, you act as the data controller and the Company acts as your processor, in accordance with our Data Processing Agreement.
• You are the one who requires the evidence; the Company only provides the method. The acceptance video, the reading-acceptance records, and the traceability data (IP address, IP-derived geolocation, and device data) are collected because you, as the account holder, require them as evidence of your signers' acceptance. The Company does not require, need, or use that evidence for its own purposes. In relation to it, the Company acts solely as the technical tool that provides the method of collecting and temporarily holding the evidence on your behalf. The evidence and the signed documents belong to you and are controlled by you, not by the Company.
• Your duty to safeguard the evidence. You are solely responsible for retrieving, safely storing, and protecting that evidence once you download it, meaning the acceptance videos, the traceability records, and the signed documents, and for keeping it secure, confidential, and available for as long as you need it for your own legal, evidentiary, or compliance purposes. The Company is not the custodian or archivist of your evidence, does not provide archival storage, and accepts no responsibility for its safekeeping after you download it, nor for any evidence you failed to download before it was deleted.
• Your obligation to have a lawful basis. You are solely responsible for ensuring that you have a valid lawful basis for processing each Signer's personal data, and for providing any required notices and obtaining any required consents before inviting them to sign.
• Video acceptance evidence. The Service can record a short acceptance video in which the Signer's face and voice appear, together with an on-screen text, date, and time. You acknowledge that such recordings may constitute personal data and, depending on the law applicable to you and your Signer, may constitute or reveal biometric or special-category data. You are solely responsible for obtaining the Signer's informed consent where required, for informing the Signer of the recording, and for complying with all applicable data protection law in relation to it.
• Other signer data collected. The Service also records, in connection with each Signer step, the Signer's email address, the signer's declared name, the Common Name extracted from the Signer's certificate, timestamps, IP address, device and browser information, and geolocation derived from the IP address through third-party services. You are responsible for the lawfulness of collecting and retaining this information about your Signers.
• Tokens and access. Signers access a flow through a tokenised link delivered by email. Tokens are time-limited and are invalidated once the signer completes their step. You are responsible for the accuracy of the email addresses you provide, and you acknowledge that an incorrect address may disclose documents to an unintended recipient.
• Sequence and accumulation. Signatures are applied sequentially and accumulated in the document, so that each signer signs the version already containing the previous signatures. You are responsible for defining the correct order of signers and the correct signing areas.
• Reminders. The Service sends automatic reminders to the signer whose turn it is, and after a configured number of reminders may copy other participants and the Account Holder. You consent to these communications being sent on your behalf.
• Credits. As described in Section 6, a flow consumes one credit per signature actually applied, charged to your account. If your balance is insufficient, signing may be blocked until you purchase additional credits.
• Retention and deletion of the evidence. The signed documents, the acceptance videos, and the traceability records are retained only for a reasonable, limited retention period (currently thirty (30) days), which is set to give you sufficient time to download them, and are then automatically and permanently deleted. Retention is never indefinite or permanent. See Section 7.
• Who can access them during the retention period. While your flow's documents and evidence are retained, access is restricted and confined to you as the flow's creator:
  • You, and only you, among customers. As the authenticated account holder who created the flow, you have full access to that flow's documents, signed documents, acceptance videos, and traceability records. Access is scoped to your own account: no other customer, and no user of any other account, can see, list, or download them.
  • Your invited signers. A signer can access only the specific documents they must read and sign, only through their own single-use tokenized link, and only for the duration of their own step. That access ends automatically when they sign, because the link is invalidated and cannot be reused.
  • The Company's system administrators. For strictly limited operational purposes only, namely platform administration, support you have asked for, security and abuse investigation, compliance with a legal obligation, or executing a deletion you have requested, the Company's designated administrators may access a flow. Such access requires administrator authentication and is subject to the security measures in our Encryption and Access Control document.
  • No one else. The Company does not publish, share, sell, or otherwise disclose your flow documents or evidence to any other party. There is no public listing, no public URL, and no directory of flows. When the retention period ends, the documents and the evidence are deleted and that access ends with them.
• Your responsibility for third parties. You are solely responsible for your relationship with your Signers, for the content of the documents you send, and for any claim brought by a Signer in relation to the flow or the data you processed through it.

11. Acceptable Use

You agree that you will not, and will not permit any third party to, use the Service to:

• sign, transmit, store, or process content that is unlawful, fraudulent, defamatory, obscene, harassing, infringing, or that violates the rights of any person;
• sign a document on behalf of another person or entity without valid legal authority, or misrepresent the identity, capacity, or authority of any signer;
• forge, tamper with, or falsify any document, signature, certificate, date, or record, or attempt to defeat the evidentiary purpose of the Service;
• upload documents you are not lawfully entitled to possess or process;
• attempt to gain unauthorised access to the Service, to any other user's account or data, or to any of our systems or networks;
• introduce malware, viruses, worms, or any other harmful code, or interfere with, disrupt, degrade, or overload the Service or its infrastructure;
• violate the privacy, data protection, or confidentiality rights of any individual, including by processing personal data without a lawful basis;
• use the Service in violation of any applicable law or regulation, including laws governing electronic signatures, consumer protection, data protection, anti-money laundering, and export controls;
• engage in any activity that brings the Company or the Service into disrepute, or that exposes the Company to legal or regulatory risk.

We may investigate suspected violations and may remove content, suspend or terminate accounts, withhold services, and cooperate with law enforcement or regulators as we consider appropriate or as required by law.

12. Third-Party Services

The Service interoperates with third-party services. Depending on configuration, these may include: a payment provider acting as Merchant of Record (currently Fungies); direct payment processors (currently Stripe and PayPal); an email/SMTP delivery provider (for access codes, invitations, reminders, and notifications); a third-party Time Stamping Authority (RFC 3161 time-stamps) where enabled; and third-party IP geolocation services used to derive country, city, and approximate coordinates from a signer's IP address for the traceability of signature flows.

Your use of those third-party services may be subject to their own terms and privacy policies, and you agree to comply with them. We do not control third-party services, we do not warrant their availability, accuracy, security, or performance, and we shall have no liability for their acts, omissions, failures, or discontinuation. Where a third-party service is unavailable, certain features of the Service (including payments, email delivery, time-stamping, or geolocation) may be unavailable or degraded.

13. Purchases and Payment Providers

Purchases of credits are completed through a payment option made available to you at checkout. Depending on the configuration in force at the time of your purchase, and on the option you select, your payment is handled by one of the following providers:

In every case, the provider that processed your payment is identified on the confirmation, receipt, or invoice you receive.

How responsibility is split. Regardless of which payment option is used: the provider is responsible for the payment, the receipt and invoice, and any applicable taxes; and SparkRelay Tech Services is responsible for the Product itself, meaning the MultiSigner software and service, what it does, whether it works as described, delivery of and access to the Service, your credits and their consumption, technical support, and any product warranty.

• Which terms govern what. The payment and the transaction are governed by the terms of service and privacy policy of the provider that processed your payment, together with the confirmation, receipt, or invoice you receive. Where Fungies acts as Merchant of Record, its Buyer Terms of Service apply. Your use of the Product is governed by this Licence and by our Terms and Conditions. Where a provider's terms conflict with this Licence, the provider's terms govern the payment and this Licence governs the Product.
• How the charge appears. A charge will not normally carry the name "MultiSigner". Where Fungies acts as Merchant of Record it appears as the merchant on your card or bank statement, typically in a form such as FUNGIES * <MERCHANT>. Statement descriptors are always set by the provider and are outside our control. If you do not recognise a charge, contact the provider identified on your statement before starting a chargeback with your bank.
• Prices and taxes. The total shown at checkout includes the price of the package and any applicable taxes or fees disclosed before you confirm. Where a Merchant of Record is used, that entity calculates, collects, and remits applicable taxes. Currency conversion charged by your bank or card issuer is set by your provider, not by us.
• Who to contact. For anything relating to a payment, a receipt, an invoice, a tax line, or a refund, contact the provider that processed your payment (where Fungies, support@fungies.io). For anything relating to the Service itself, including your credits, your account, signing, signature flows, or technical problems, contact us at info@multisigner.vip.

14. Refunds, Cancellations and Withdrawal Rights

Your statutory rights come first. Nothing in this Section limits any refund, cancellation, or withdrawal right you have under mandatory consumer-protection law in the country where you live. Where such laws give you more than this Section does, those laws apply.

• Our refund policy. Refunds are governed by our Refund Policy, which forms part of this Licence and is presented to you before purchase. In summary: unused credits are refundable on request within thirty (30) days of the purchase date; consumed credits are not refundable, except where the failure was ours, in which case the affected credits are restored to your account. Refunds are returned to the original payment method, and the provider that processed your payment (where Fungies, as Merchant of Record) generally issues the money back.
• Consumed credits. Credits that have already been consumed by signing operations will not be refunded. If a signing operation failed through our fault and consumed credits, contact us and we will review the ledger and restore the affected credits where the failure is confirmed on our side.
• EU, EEA, and UK withdrawal right. If you are a consumer in the European Union, the European Economic Area, or the United Kingdom, you may have a statutory right to withdraw from a purchase of digital content within fourteen (14) days. That right can be lost where you expressly consented to immediate delivery and acknowledged that you would lose the right of withdrawal, which is the case for an instantly delivered digital product such as credits. The confirmation you saw at checkout is relevant here.
• Where to start. For a payment problem, or to request a refund, contact the provider that processed your payment (where Fungies, support@fungies.io) with your order number. For a Product problem, such as credits not being applied to your account, contact us first at info@multisigner.vip; we can usually resolve it faster than a refund can.
• Who issues the refund. Where a Merchant of Record is used, that entity is generally the party that issues the money back, even where we bear the cost. Where a direct payment processor is used, the refund is issued by us through that processor. A refund is normally returned to the payment method you used and may take several days to appear, depending on your bank.
• Effect of a refund. A refund may end your access to the credits concerned, to the affected portion of the Service, or to your account where the refund relates to the whole relationship. Where a purchase is refunded, charged back, or reversed, any credits granted in connection with it, including bonus or referral credits, may be removed or adjusted accordingly.
• Chargebacks. Please contact the provider that processed your payment before starting a chargeback with your bank or card issuer, as a refund is usually faster. A chargeback may result in the suspension of your account and the removal of the disputed credits while it is investigated. Repeatedly disputing valid charges may result in restrictions on future purchases.

15. Intellectual Property and Feedback

The Service and all of its content, features, and functionality, including software, source code, architecture, interfaces, graphics, text, logos, and trademarks, are owned by the Company or its licensors and are protected by copyright, trademark, and other intellectual property laws. No rights are granted to you except as expressly set out in this Licence.

The MultiSigner name and logo are trademarks of the Company. You may not use them without our prior written permission, except to refer accurately to the Service.

If you provide us with feedback, suggestions, ideas, or proposals regarding the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable licence to use, reproduce, modify, and exploit that feedback for any purpose, without compensation or attribution to you, and you waive any moral rights in it to the extent permitted by law.

16. Updates, Availability and Changes to the Service

• Updates. The Service is provided as a hosted service and may be updated, patched, reconfigured, or replaced at any time without notice. This Licence applies to all updates and new versions made available to you, unless a separate licence accompanies them.
• Changes and discontinuation. We may add, modify, suspend, or discontinue any feature or part of the Service at our discretion, including features that are in beta, preview, or evaluation. We do not guarantee that any particular feature will remain available.
• Availability. Availability targets, exclusions, and any service credits are set out in our Service Level Agreement, which is subject to this Licence and to the Terms and Conditions.
• Maintenance. The Service may be unavailable during scheduled or emergency maintenance, and we shall have no liability for such unavailability.

17. Term, Suspension and Termination

• Term. This Licence takes effect when you first accept it or first access or use the Service, and continues until terminated in accordance with this Section.
• Termination by you. You may terminate this Licence at any time by ceasing to use the Service and closing your account. Terminating does not entitle you to a refund of credits already purchased or consumed, except as required by law or as provided in Section 14.
• Termination or suspension by us. We may suspend, restrict, or terminate your licence and your access to the Service, in whole or in part, immediately and without prior notice, if: (a) we reasonably believe you have breached this Licence or the Terms and Conditions; (b) we are required to do so by law, by a regulator, or by a payment provider; (c) your account is associated with fraud, abuse, or an unreasonable risk to the Service or to other users; (d) your payment is reversed, charged back, or disputed; or (e) we decide to discontinue the Service.
• Effect of termination. Upon termination, your licence ends immediately and you must cease all use of the Service. Your ability to download previously signed documents may end, and we may delete your data in accordance with our retention practices.
• Forfeiture. Upon termination for cause, any unused credits, promotional credits, and bonus credits may be forfeited without refund, except as required by applicable law.
• Survival. The provisions that by their nature should survive termination shall survive, including Sections 2, 4, 6, 7, 8, 9, 14, 15, 18, 19, 20, 22, 23, and 24.

18. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND THIS LICENCE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (B) DEFECTS OR ERRORS WILL BE CORRECTED; (C) THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE COMPATIBLE WITH YOUR SYSTEMS; (D) ANY DOCUMENT, SIGNATURE, TIME-STAMP, OR RECORD PRODUCED BY THE SERVICE WILL BE LEGALLY VALID, ENFORCEABLE, ADMISSIBLE, OR ACCEPTED BY ANY THIRD PARTY, COURT, OR AUTHORITY; OR (E) ANY DATA WILL NOT BE LOST. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH THE SERVICE, CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THIS LICENCE.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, SAVINGS, BUSINESS, OPPORTUNITY, GOODWILL, DATA, OR DOCUMENTS, OR FOR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATING TO THIS LICENCE, THE SERVICE, OR YOUR INABILITY TO USE THE SERVICE, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS LICENCE, THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS LICENCE AND THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU ACTUALLY PAID FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

WE SHALL HAVE NO LIABILITY WHATSOEVER FOR: (I) ANY DOCUMENT THAT HAS BEEN DELETED IN ACCORDANCE WITH OUR RETENTION PERIODS; (II) YOUR LOSS OF, OR INABILITY TO USE, ANY DIGITAL CERTIFICATE OR PASSWORD; (III) ANY ACT OR OMISSION OF A THIRD-PARTY SERVICE, INCLUDING FUNGIES, ANY PAYMENT PROCESSOR, ANY EMAIL PROVIDER, ANY TIME STAMPING AUTHORITY, OR ANY GEOLOCATION PROVIDER; (IV) ANY UNAUTHORISED ACCESS RESULTING FROM YOUR FAILURE TO SAFEGUARD YOUR CREDENTIALS, EMAIL ACCOUNT, OR DEVICES; OR (V) ANY DECISION, FILING, TRANSACTION, OR LEGAL CONSEQUENCE BASED ON A DOCUMENT YOU SIGNED.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTHING IN THIS LICENCE EXCLUDES OR LIMITS ANY LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED.

20. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, actions, demands, damages, losses, liabilities, penalties, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) the Documents and content you upload, sign, send, or process; (c) your Signing Credentials and any document you sign or purport to sign; (d) your use of Signature Flows, including any claim by a Signer relating to the recording of their image or voice, the collection of their personal data, or the documents you sent them; (e) your breach of this Licence, of the Terms and Conditions, or of any applicable law; (f) your violation of any third-party right, including intellectual property, privacy, or data protection rights; or (g) any claim that you lacked the authority to sign a document or to act on behalf of another person or entity.

21. Export Control and Sanctions

The Service may be subject to export control and economic sanctions laws, including those of the United States. You represent and warrant that: (a) you are not located in, organised under the laws of, or ordinarily resident in any country or territory subject to comprehensive sanctions; (b) you are not identified on any restricted-party, denied-person, or sanctions list maintained by the United States, the United Kingdom, the European Union, the United Nations, or any other applicable authority; and (c) you will not access, use, export, re-export, or transfer the Service in violation of any such laws. We may suspend or terminate your access immediately if we determine that continued provision would breach applicable law.

22. Mandatory Consumer Rights

Nothing in this Licence is intended to exclude, restrict, or modify any right you have as a consumer under mandatory consumer-protection law in your country of residence, including any statutory right of withdrawal, any statutory warranty, or any right to bring proceedings in a particular forum. Where any provision of this Licence would be unenforceable against you for that reason, that provision shall not apply to you to that extent, and the rest of this Licence shall continue to apply.

23. Governing Law, Jurisdiction and Arbitration

• Governing law. This Licence and any dispute arising out of or relating to it shall be governed by and construed in accordance with the laws of the State of Michigan, United States of America, without regard to its conflict-of-law principles. This does not deprive you of the protection afforded to you by mandatory provisions of the law of your country of residence.
• Informal resolution. Before filing any formal claim, you agree to contact us at info@multisigner.vip and to attempt in good faith to resolve the dispute informally for at least sixty (60) days.
• Binding arbitration. Any dispute not resolved informally shall be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its applicable rules, held in Washtenaw County, Michigan, or, where required by mandatory law, in your country of residence. The arbitrator's award shall be final and may be entered in any court of competent jurisdiction.
• Class action and jury waiver. To the maximum extent permitted by applicable law, you and the Company each agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. You and the Company each waive any right to a jury trial. This waiver may not be enforceable in some jurisdictions; where it is unenforceable, the dispute shall proceed in court as provided below.
• Court jurisdiction. Subject to the above, the parties irrevocably submit to the exclusive jurisdiction of the state and federal courts located in Washtenaw County, Michigan, for any matter not subject to arbitration.
• Small claims. Either party may seek relief in small claims court for disputes within that court's jurisdiction.
• Time limit. To the maximum extent permitted by law, any claim arising out of or relating to this Licence must be brought within one (1) year after the claim arises, or be permanently barred.

24. General Provisions

• Entire agreement. This Licence, together with the Terms and Conditions, the Privacy Policy, the Refund Policy, the Data Processing Agreement, and the Service Level Agreement, constitutes the entire agreement between you and the Company regarding the Service and supersedes all prior or contemporaneous understandings. The payment relationship with the payment provider that processed your transaction is governed separately by that provider's terms of service.
• Severability. If any provision of this Licence is held invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, severed, and the remaining provisions shall remain in full force and effect.
• No waiver. Our failure or delay in exercising any right or remedy shall not constitute a waiver of that right or remedy, and no single or partial exercise shall preclude any further exercise.
• Assignment. You may not assign, transfer, or delegate this Licence, your account, or any of your rights or obligations under it, without our prior written consent. Any purported assignment in violation of this Section is void. We may freely assign this Licence, including in connection with a merger, acquisition, reorganisation, or sale of assets.
• Force majeure. We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control, including natural disasters, war, terrorism, civil unrest, epidemics, government action, labour disputes, utility or internet failures, or failures of third-party providers.
• Notices. We may give you notices by email to your registered address or by posting them in the Service. You are responsible for keeping your email address current. Notices to us must be sent to info@multisigner.vip.
• No third-party beneficiaries. This Licence confers no rights on any person other than you and the Company, except that our licensors and affiliates may enforce provisions relating to their intellectual property and the limitations of liability.
• Relationship. Nothing in this Licence creates a partnership, joint venture, agency, franchise, or employment relationship between you and the Company.
• Language. This Licence is drafted in English. Any translation is provided for convenience only, and the English version governs in the event of any conflict or ambiguity.
• Headings. Section headings are for convenience only and do not affect interpretation.
• Amendments. We may amend this Licence from time to time. Material changes will be communicated by reasonable notice, such as by posting the updated Licence in the Service or by email. The updated Licence takes effect on the stated "Last updated" date, and your continued use of the Service after that date constitutes acceptance.

25. Contact Us

If you have any questions about this Licence, or if you need to notify us of a breach or a legal matter, please contact us at:

SparkRelay Tech Services
2000 Hogback Rd, Suite 6, Ann Arbor, MI 48105-9735, USA
Email: info@multisigner.vip
Website: https://multisigner.vip

For matters relating to a payment, a receipt, an invoice, or a refund, please contact Fungies at support@fungies.io.