Terms of Service

1. Acceptance of Terms

By accessing or using DocuSend (the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you use the Service on behalf of a company or other legal entity, you represent that you are authorized to bind that entity to these Terms.

2. Description of the Service

DocuSend is a software-as-a-service platform that helps teams prepare, manage, send, and track document-based campaigns and related communications workflows.

• Features and functionality may change from time to time.
• We may add, modify, or discontinue features at our discretion.
• Beta or preview features are provided "as is" and may be subject to additional terms.

3. Account Registration and Security

• You must provide accurate and complete registration information and keep it updated.
• You are responsible for maintaining the confidentiality of account credentials.
• You are responsible for all activities that occur under your account, including activities by team members and invited users.
• You must notify us promptly if you suspect unauthorized access or use of your account.

4. Subscription, Fees, and Billing

• Paid plans are billed in advance on a recurring basis (monthly or annually, depending on your selection).
• Fees are non-refundable except as required by law or expressly stated otherwise.
• You authorize us to charge your selected payment method for all applicable fees, taxes, and overage charges.
• We may change pricing by giving reasonable prior notice, effective at the start of your next billing period.
• If payment is overdue, we may suspend or terminate access to paid features.

5. Permitted Use and Restrictions

You may use the Service only for lawful business purposes and in compliance with applicable laws and regulations.

You agree not to:

• Use the Service for unlawful, harmful, fraudulent, or deceptive activities.
• Attempt to gain unauthorized access to systems, networks, or data.
• Reverse engineer, decompile, copy, or create derivative works from the Service except where legally permitted.
• Interfere with the security, integrity, or performance of the Service.
• Upload or distribute malware, malicious code, or content that infringes third-party rights.

6. Customer Data and Content

• You retain all rights to the content and data you upload, submit, or process through the Service ("Customer Data").
• You grant DocuSend a limited, non-exclusive license to host, process, transmit, and display Customer Data solely as necessary to provide and improve the Service.
• You are responsible for the legality, accuracy, and integrity of Customer Data.
• You represent that you have obtained all rights, consents, and permissions needed for Customer Data you provide to the Service.

7. Privacy and Data Protection

Our use of personal information is described in our Privacy Policy. By using the Service, you acknowledge and agree to our data processing practices as described there.

8. Intellectual Property Rights

• The Service, including software, designs, interfaces, trademarks, and related materials, is owned by DocuSend or its licensors and is protected by intellectual property laws.
• Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, non-transferable, non-exclusive right to access and use the Service.
• Except for rights expressly granted, all rights are reserved.

9. Third-Party Services and Integrations

The Service may interoperate with third-party services. We do not control and are not responsible for third-party services, including their availability, security, or privacy practices.

10. Service Availability and Support

• We strive to maintain reliable service but do not guarantee uninterrupted or error-free operation.
• We may perform maintenance, upgrades, and emergency changes that temporarily affect availability.
• Support channels and response targets may vary by subscription plan and published support policies.

11. Suspension and Termination

• You may cancel your account at any time through your account settings.
• We may suspend or terminate access if you violate these Terms, fail to pay fees, or create security, legal, or operational risk.
• Upon termination, your right to use the Service ends, and we may delete or anonymize Customer Data in accordance with our retention policies.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCUSEND DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL DOCUSEND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE.

DOCUSEND'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE TOTAL AMOUNTS PAID BY YOU TO DOCUSEND FOR THE SERVICE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

14. Indemnification

You agree to defend, indemnify, and hold harmless DocuSend and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from or related to your use of the Service, Customer Data, or breach of these Terms.

15. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to conflict of law principles. Any dispute arising from or related to these Terms or the Service will be resolved exclusively in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction and venue in those courts.

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will provide notice through the Service or by email. Your continued use of the Service after the effective date of updated Terms constitutes acceptance of those Terms.

17. Contact Information

Questions about these Terms can be sent to legal@docusend.com.