SERVICES TERMS AND CONDITIONS
Welcome! Thank you for using ZapSign
This application and its content ("ZapSign") are controlled and operated by ZAPSIGN PROCESSAMENTO DE DADOS LTDA., registered with the CNPJ under no. 37.058.073/0001-44.
In accordance with the provisions of Article 41 of the General Law on Data Protection, ZapSign appoints Renato Haidamous Rampazzo, CTO, as data controller. You can contact Renato through the following email: email@example.com
1. WHAT IS ZAPSIGN?
1.1. Services. ZapSign is a platform that offers the use of electronic signatures and document management software.
1.2. Legal Notice. By using ZapSign, you acknowledge that the electronic signature has legal validity in virtually all countries of the world. In Brazil, it was introduced by several rules, in particular by Article 10, § 2, of the Provisional Measure No. 2.200-2/2001. It should be noted that ZapSign has no access to and is not responsible for the content of the documents signed through its solution, providing only the electronic signature software. In the event of legal inquiry into the electronic signature, ZapSign will provide all relevant information to the authorities, but it cannot be held liable since it lacks control over the documents used by its users and their relationships. By utilizing ZapSign, you agree that the security measures, integrity, and authenticity of documents and ZapSign's electronic signature solution are sufficient for your needs. This exempts ZapSign from liability regarding its use. For any inquiries, please reach out to us at firstname.lastname@example.org
2. HOW DO I ACCESS ZAPSIGN?
2.2 Age of Use. To use ZapSign, you must be at least 18 (eighteen) years old.
2.3. Entitlement. When you register, you will be the holder of an account that only you will be able to access. Accounts created with false information or by users below the minimum age, for instance, will be automatically deleted by ZapSign.
2.4. Updating Information. From now on, you agree to maintain accurate and updated personal information. Additionally, you commit to safeguarding your username and password, preventing third-party access. You also acknowledge that you won't permit others to use your ZapSign account. As such, you hold responsibility for all actions carried out using your account.
3. THE CONTRACTUAL RELATIONSHIP BETWEEN ZAPSIGN AND THE USER
4. SUBSCRIPTION, LIMITATIONS AND CANCELLATION OF PLANS
4.1. Signing. ZapSign offers the following subscription service plans: free and paid, as defined in the following chapter.
4.2. Reasonable Usage Limits. Our paid plans, even when unlimited, are subject to reasonable usage limits so as not to cause undue harm to ZapSign (e.g., creating thousands of documents per week on a single account). These limits depend on factors such as file size, number of signers per document, platform use frequency, etc. Thus, ZapSign reserves the right to notify users if their account surpasses reasonable usage limits. In such cases, retroactive billing won't occur. Instead, users will be encouraged to reevaluate their plan for a balanced partnership with ZapSign under new conditions.
4.3. Reasonable SMS limits. The use of SMS authentication tokens in the Full Plan is subject to reasonable usage limits, previously set at 300 (three hundred) SMS per month and in the Corporate plan such limit, previously set at 1000 (one thousand) SMS per month. Usage above these limits is subject to a charge of USD$ 0.04 per additional SMS.
4.4. Subscription Modality. Subscription to the paid plans requires a prepayment to subscribe to the plan. Thus, you will pay for access today for the next current month. If the day on which payment is made does not recur every month (e.g., the 31st), you will be charged on the business day prior to the one that would eventually occur if that date existed in the concerned month (e.g., the 28th or 30th). Plan renewal is automatic unless you oppose cancellation before the billing date.
4.5. Cancellation of Subscription. Cancellation of the subscription to the plan may be made at any time by the user and shall be understood as an express manifestation that the user does not intend to renew the license in the following period not yet computed for billing purposes. Cancellation doesn't obligate ZapSign to refund payment for the month in which you choose not to renew the contractual relationship.
4.6. Changes between Plans. In ZapSign we know that each of the plans is the most appropriate to solve certain problems of users. With this in mind, we offer you the possibility to switch between plans (subject to changes in the availability of the features offered by each one) by editing or upgrading/downgrading your subscription. It is important to note that users who want to unsubscribe or leave the paid versions will not lose their account or the generated contents; they will only become a user of the free plan, losing access to the previously offered features.
4.7. In-app purchases. The application has features that can be purchased within the platform, called "In-App Purchases". Any purchase of these services will take place in a similar way to the previous one.
5. HOW ARE PAYMENTS MADE IN ZAPSIGN?
5.1. Payment methods. Payments made in ZapSign must be made within the application, using a credit card or bank receipt.
5.2. Final price. The price paid by you is final and non-refundable unless otherwise determined by ZapSign. ZapSign reserves the right to set, remove and/or revise the price of all services or goods obtained through the use of the App at any time. We will never change the value of your subscription without prior notice to you.
5.3. Collection of Taxes. The User and ZapSign shall be responsible for collecting their respective taxes inherent to their activities in accordance with the tax laws.
5.4. Confirmation. The confirmation of payment through the application will be made within 3 (three) business days. The processing of the payment information and the confirmation of the payment will be carried out by third party systems (for example, financial entity or credit card administrator), being the application a mere interface between the client and these systems.
5.5. Promotional Code. If ZapSign creates any promotional code (e.g. discount coupon), it must be used legally for the purpose and the specific audience or user for which it is intended, following all its conditions. The promotional code may be cancelled if it is found to have been transferred, sold or used in error, fraudulently, illegally or in violation of the terms and conditions of the respective code.
6. WHAT ARE ZAPSIGN'S RIGHTS ON THE APPLICATION?
7. INTELLECTUAL PROPERTY OF SOFTWARE AND AVAILABLE MATERIALS
7.1. Intellectual Property. For us at ZapSign, the quality of the materials made available to the user is of utmost importance. Their creation is the result of hard work and dedication of our developers. Therefore, we reaffirm that ZapSign warrants that all right, title and interest (including but not limited to copyrights, trademarks and other intellectual property rights) in the service we make available to you will remain with ZapSign.
7.3. Downloading Content. You may not download our content with the intention of storing it in a database for the purpose of making it available to any third party other than you. It is also prohibited to use the content we make available to create a database or service that may compete in any way with our business.
8. CLAIMS OF COPYRIGHT INFRINGEMENT
8.1. Infringement of Rights. Claims of copyright infringement of any content available on ZapSign should be sent to email@example.com.
9. RESPONSIBILITIES OF THE USER AND ZAPSIGN
9.2. Liability for any Damages. Under no circumstances shall ZapSign, its parent company, affiliates, partners or employees be liable for any direct or indirect damages resulting from or related to your access, use or inability to access or use ZapSign.
9.3. No Liability. GIVEN THE INHERENT CHARACTERISTICS OF THE INTERNET ENVIRONMENT, ZAPSIGN SHALL NOT BE LIABLE FOR CONNECTION INTERRUPTIONS OR SUSPENSIONS, INCOMPLETE OR FAULTY COMPUTER TRANSMISSIONS OR TECHNICAL FAILURES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ELECTRONIC MALFUNCTIONS OF ANY NETWORK, HARDWARE OR SOFTWARE. FAILURE TO PROVIDE INTERNET ACCESS TO ZAPSIGN, AS WELL AS ANY INCORRECT OR INCOMPLETE INFORMATION ON ZAPSIGN AND ANY HUMAN, TECHNICAL OR OTHER DEFECT IN THE PROCESSING OF ZAPSIGN INFORMATION SHALL NOT BE DEEMED TO BE THE RESPONSIBILITY OF ZAPSIGN. ZAPSIGN DISCLAIMS ANY LIABILITY ARISING FROM SUCH FACTS AND/OR ACTS.
9.4. UNLESS EXPRESSLY AGREED OTHERWISE, ZAPSIGN WILL KEEP THE DOCUMENTS OF ITS USERS FOR A MAXIMUM PERIOD OF 05 (FIVE) YEARS, IT IS THE SOLE RESPONSIBILITY OF THE USER TO DOWNLOAD THE DOCUMENTS AFTER THE COLLECTION OF THEIR SIGNATURES AND STORE THEM IN A SAFE PLACE, ZAPSIGN CANNOT BE HELD RESPONSIBLE FOR THE LOSS OF THESE DOCUMENTS. THIS IS BECAUSE ZAPSIGN DOES NOT HAVE THE SPECIFIC ACTIVITY OF STORING DOCUMENTS, BECAUSE IT IS A SPECIFIC TOOL FOR PROCESSING AND COLLECTING ELECTRONIC SIGNATURES.
9.5. Loss of benefits. Where permitted by law, ZapSign and its suppliers or distributors shall not be liable for loss of profits, loss of revenue, loss of data, financial loss or indirect, special, consequential, exemplary or punitive damages.
9.6. Maintenance. It is your responsibility to keep the environment of your device (computer, cell phone, tablet, among others) safe, using the available tools, such as antivirus, firewall, among others, in order to contribute to the prevention of electronic risks.
10. HOW DOES ZAPSIGN TREAT THE CONTENT THAT YOU AND OTHER USERS PRODUCE?
10.1. Content Creation. ZapSign may, in its sole discretion, allow you or any other user to submit, upload, post or otherwise make available, on the App, text, image, audio or video content or information ("User Content").
10.2. Prohibited Content. Any User Content of a defamatory, libelous, violent, pornographic, obscene, offensive or otherwise unlawful nature is prohibited, as determined by ZapSign in its sole discretion, including proprietary information belonging to other persons or companies (e.g., trademarks), without the express permission of the owner of such rights, infringement of which shall not be the responsibility of ZapSign.
10.3. Ownership of Content. Any User Content provided by you remains your property. In addition, all communications between the client and the server are encrypted and protected by encryption, which means that we will be "blind" to such Content.
10.4. Removal of Content. ZapSign may, in its sole discretion, at any time and for any reason, without prior notice, review, monitor and remove User Content, but is not obligated to do so.
11.2. Conflict Between Provisions. In the event of a conflict between these Terms and the Modification Terms, the latter terms shall control with respect to such conflict.
11.4. Doubts. If you have any questions, comments or suggestions, please contact us at firstname.lastname@example.org