Terms and Conditions of Use

These Terms and Conditions of Use (the Terms), and any other related agreement or legal relationship governing the use of the products and services, offered as EverySign, Inc. (the Owner) shall comprise the legally binding agreement (the Agreement collectively) entered into by any person or entity accessing, using, or otherwise creating an account (the User) to access, sample, or utilize the services and/or products offered by Owner, as set forth herein below. Capitalized words are defined in the relevant dedicated section of this document.

THE USER MUST READ THE AGREEMENT CAREFULLY.

EverySign is a digital consent (ie: digital signature) platform which provides a method by which electronic paperwork can be digitally signed (d-signed) and stored (the Services) by way of a mobile application (the App or Application). The entirety of the Agreement between Owner and the User relates to the downloading of the App, as well as use of the Services, and any related products, which are available via Owner's website located at www.EverySign.com (the Website) or through in-app purchases while using the App. User hereby acknowledges and agrees that, where the App has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.

Nothing in this Agreement creates any relationship of employment, agency, or partnership between Owner and User.

The Application is provided by EverySign, Inc., which can be contacted via email at: info@everysign.com.

The App or Application as used herein refers to (i) this Website, including its subdomains and any other website through which the Owner makes its Services and related products available; (ii) applications for mobile, tablet and other smart device systems; (iii) the Application Program Interfaces (API); (iv) the Services; and/or (v) any applications, sample and content files, source code, scripts, instruction sets or software included as part of the Services, as well as any related documentation.

What the User should know at a glance:

• Please note that some provisions in these Terms, and or the Agreement, may only apply to certain categories of Users. In particular, certain provisions may only apply to Users who qualify as Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause. In the absence of any such mention, clauses apply to all Users.
• The right of withdrawal only applies to European Consumers. The right of withdrawal, also commonly called the right of cancellation in the UK, is consistently referred to as the right of withdrawal within this document.
• Usage of this Application and the Service is age restricted to adults under applicable law or a viable and active entities (ie: corporation, limited liability company, or partnership) as defined within the jurisdiction of its formation.

AGREEMENT

Unless otherwise specified, the Terms apply generally when using this Application. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within these Terms.

By using this Application, Users agree to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users;
• Individual Users must be recognized as adult by applicable law;
• Users aren't located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country;
• Users aren't listed on any U.S. Government list of prohibited or restricted parties;

1. Account Registration

a. To use the Service Users must register or create a user account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

b. Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

c. By registering, Users agree to be fully responsible for all activities that occur under their username and password.

d. Users are required to immediately and unambiguously inform Owner via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

e. Registration of User accounts on this Application is subject to the conditions outlined below. By registering, Users agree to meet and abide by such conditions.

• Accounts registered by bots or any other automated methods are not permitted.
• Unless otherwise specified, each User must register only one account.
• Unless explicitly permitted, a User account may not be shared with other persons.

2. Account Termination. Users can terminate their account and stop using the Service at any time by directly contacting Owner at the contact details provided in this document or following the instructions for account termination provided on the Website.

3. Account Suspension and Deletion

a. Owner reserves the right, at its sole discretion, to suspend, or delete at any time and without notice, User accounts which it deems inappropriate, offensive, or in violation of these Terms.

b. The suspension or deletion of User accounts shall not entitle any User to any claims for compensation, damages, or reimbursement.

c. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

4. Content on this Application

a. Excluding that content uploaded by the User during use of the Services and/or App, all content available on this Application (the Content) is provided by and owned by Owner or its licensors.

b. Owner undertakes its utmost effort to ensure that the Content does not infringe on any applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, Users are kindly asked to report related complaints using the reporting feature on the Website or within the App. Absence of doing so will effectively waive the right of the User to enforce such right within any applicable legal forum or prerogative, such that the sole right or avenue for enforcement and/or dispute resolution will be to report such infringing use to Owner at info@everysign.com.

5. Rights Regarding Content on this Application

a. The Owner holds and reserves all intellectual property rights for all the Content. Users may not therefore use the Content in any way that is not necessary or outside the proper use of the Services.

b. In particular, but without limitation, User may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the Content available on this Application, nor allow any third party to do so through the User's account or their device, even without the User's knowledge.

c. Where explicitly stated on the Website, Application, or the Agreement, the User may download, copy, and/or share some Content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented. This permitted use shall not limit or waive Owner's right to withdraw such permissions or licenses at any time with or without prior notice.

6. Access to External Resources

a. Through the Application, Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such outside resources and is therefore not responsible for their content and availability.

b. Conditions applicable to any outside resources provided by third parties, including those applicable to any possible grant of rights in content, shall be subject to such third parties' terms and conditions or, in the absence of those, applicable statutory law. Notwithstanding the foregoing Owner shall have no obligation or responsibility to User to vet, review, or otherwise police such outside resources and/or their use.

7. Acceptable Use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms, the Agreement, and applicable law. Users are solely responsible for making sure that their use of this Application and/or the Service is within the confines of all applicable law, regulations or third-party rights and does not violate the same. Therefore, Owner reserves the right to take any appropriate measure to protect its legitimate interests including, without limitation, denying Users access to the Application, the Service, Website, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities - such as judicial or administrative authorities - whenever Users engage or are suspected to engage in (i) the violation of any laws, regulations and/or these Terms; (ii) infringement of any third-party rights; (iii) considerable impairment of Owner's legitimate interests; and/or (iv) any offense to Owner or any third party.

8. Platform Fee

The Services provided by Owner to be used in concert with the Application, are provided subject to payment of a use-based platform fee (the Platform Fee). The duration and conditions applicable to the purchase of such Services are described below and, as applicable, in the dedicated sections of the Application.

9. Description of Services

a. The Platform Fee is a standard fee and provides a certain amount of document storage (Doc Stacks). User can then purchase more Doc Stacks on a per use basis. User can also reduce the amount of Doc Stacks after purchase as applicable to their use. Prices and descriptions of the Services are outlined in the respective sections of the Website and/or App. The Platform Fee and Doc Stack Fee are subject to change without prior or specific notice.

b. While Products on the Website and/or App are presented with the greatest accuracy technically possible, representation thereon through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product, which will be outlined during the purchasing process.

c. Users do not acquire any rights to use the purchased Services until the total applicable Platform Fee and/or Doc Stack Fee is received by Owner.

10. Purchasing Process

The purchasing process includes all necessary actions from selecting the Service to submission and payment of the Platform and/or Doc Stack Fees. Although not an exhaustive list, some of the steps include User's choice of the desired Product, verification of the purchase selection, submission of the order, and payment therefor.

11. Order Submission. When the User submits an order, the submission creates the obligation to pay the Platform Fee, Doc Stack Fee, taxes, and any further fees and costs, as applicable and specified on the order page. In case the purchased Product requires active input from the User, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for the User to cooperate accordingly. Upon submission of the order, Users will receive a receipt confirming that the order has been received. All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.

12. Prices. The Platform Fee is listed on the purchasing interface and the Doc Stack pricing is also provided so Users can select their pricing tier. Users are informed during the purchasing process and before order submission, about any additional fees, taxes, and costs that they will be charged.

13. Methods of payment.

a. Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of the App.

b. All payments are independently processed through third-party services. Therefore, Owner does not collect any payment information - such as credit card details - but only receives a notification once the payment has been successfully completed.

c. If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by the User.

14. Authorization for Future PayPal Payment. If the User authorizes the PayPal feature which allows future purchases, this Application will store an identification code linked to the User's PayPal account. This will authorize this Application to automatically process payments for future purchases or recurring installments of past purchases. This authorization can be revoked at any time.

15. Purchase via App Purchase Method

a. This Application or specific Products available for sale on this Application must be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as Apple App Store or Google Play), which may vary depending on the particular device in use.

b. Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties' terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.

c. Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.

16. Delivery of Digital Content. Unless otherwise stated, the App and/or Services purchased (the Digital Content) is delivered via download on the device(s) chosen by Users. Users acknowledge and accept that in order to download and/or use the Digital Content, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards. Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.

17. Failed delivery. Owner cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase by the User, nor for any damages or delays due to any failure by the selling platform (ie: Apple App Store or Google Play).

18. User Right of Withdrawal. Owner does not consider the App or the Services to be goods as are applicable to the Right of Withdrawal, however in the event such products are considered goods for this purpose, the following may apply, subject to any change in law, rules, or regulations.

a. Unless exceptions apply, and subject to meeting all conditions to apply the right of withdrawal, the User may be eligible to withdraw from the Agreement within the period specified below (generally 14 days), for any reason and without justification. Users can learn more about the withdrawal conditions within this section.

b. Unless any applicable exception is mentioned below, Users who are European Consumers are granted a statutory cancellation right under EU rules, to withdraw from contracts entered into online (distance contracts) within the specified period applicable to their case, for any reason and without justification. Users that do not fit this qualification, cannot benefit from the rights described in this section.

19. Exercising the Right of Withdrawal; Expiration of the Right of Withdrawal

a. To exercise their right of withdrawal, eligible Users must send to Owner an unequivocal statement of their intention to withdraw from the Agreement.

b. In order to meet the deadline within which they can exercise such right, Users must send the withdrawal notice before the withdrawal period expires.

c. The withdrawal period expires as set forth in the applicable law for the jurisdiction where withdrawal is available to the User.

20. Effects of withdrawal. Users who are eligible to exercise the right of withdrawal, and who may correctly withdraw from an agreement such as this Agreement, will be reimbursed by the Owner for all payments made to the Owner, including, if any, those covering the costs of delivery. However, any additional costs resulting from the choice of a particular delivery method other than the least expensive type of standard delivery offered by the Owner, will not be reimbursed. Such reimbursement shall be made without undue delay and, in any event, no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw from the Agreement. Unless otherwise agreed with the User, reimbursements will be made using the same means of payment as used to process the initial transaction. In any event, the User shall not incur any additional costs or fees applied by Owner, as a result of such reimbursement.

21. Legal guarantee of conformity for goods. Under EU law, for a minimum period of 2 years after delivery, traders guarantee the conformity of the goods they sell. This means that traders must ensure that the goods purchased have the promised quality, or the quality that can be reasonably expected, functionality or characteristics for at least two years after they've been delivered to the purchaser. Where Users qualify as European Consumers, the legal guarantee of conformity for goods applies to the items available on this Application in accordance with the laws of the country of their habitual residence. National laws of such country may grant such Users broader rights. Consumers who do not qualify as European may benefit from legal guarantee of conformity rights in accordance with the legislation of the country of their habitual residence.

22. Liability and Indemnification

a. EU Users.

(i) Indemnification. The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand - including but not limited to lawyer's fees and costs - made by any third party due to or in relation with any culpable use of or connection to the Service, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.

(ii) Limitation of liability. Unless otherwise explicitly stated and without prejudice to applicable statutory product liability provisions, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf) for any damages, liability, claims, loss, or remedies in connection with the use of the App or Services. Without limiting the foregoing, the Owner shall not be liable for:

(1) any loss of business opportunities and any other loss, even indirect, that may be incurred by the User (such as, but not limited to, trading losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, etc.);

(2) damages or losses resulting from interruptions or malfunctions of this Application due to acts of force majeure, or unforeseen and unforeseeable events and, in any case, independent of the will and beyond the control of the Owner, such as, but not limited to, failures or disruptions of telephone or electrical lines, the Internet and / or other means of transmission, unavailability of websites, strikes, natural disasters, viruses and cyber attacks, interruptions in the delivery of products, third-party services or applications;

(3) any losses that are not the direct consequence of a breach of the Terms by the Owner;

1. any damage, prejudice or loss occurring due to viruses or other malware contained in or connected to files available for download from the internet or via this Application. Users are responsible for implementing sufficient security measures - such as anti-viruses and firewalls to prevent any such infection or attack and for securing backup copies of all data or information exchanged via or uploaded to this Application.

(5) Notwithstanding the foregoing, the following limitation applies to all Users not qualifying as Consumers: In any event of liability, the compensation may not exceed the total payments that have been, will be or would be received by the Owner from the User based on the contract over a period of 12 months, or the period of the duration of the Agreement, if shorter.

b. Australian Users - Limitation of Liability. Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

c. US Users

1. Disclaimer of Warranties.
1. This Application is provided strictly on an as is and as available basis. Use of the Digital Content is at User's own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from owner or through the Digital Content will create any warranty not expressly stated herein.
2. Without limiting the foregoing, the Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the Digital Content is accurate, reliable or correct; that the Digital Content will meet Users' requirements; that the Digital Content will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Digital Content is free of viruses or other harmful components. Any Digital Content downloaded or otherwise obtained through the use of the same, is downloaded at User's own risk and User shall be solely responsible for any damage to User's computer system or mobile device or loss of data that results from such download or User's use of the Digital Content.
3. The Owner does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Digital Content or any hyperlinked website or service, and the Owner shall not be a party to or in any way monitor any transaction between Users and third-party providers of third party products or services.
4. The Digital Content may become inaccessible or it may not function properly with Users' web browser, mobile device, and/or operating system. The owner cannot be held liable for any perceived or actual damages arising from Service content, operation, or use of this Service.
5. Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this Agreement shall not apply to the extent prohibited by applicable law.
2. Limitations of Liability.

(1) To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees (the Owner Parties) be liable for (a) any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Digital Content; (b) any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Digital Content or User account or the information contained therein; (c) any errors, mistakes, or inaccuracies of any content or the Digital Content; (d) personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Digital Content; (e) any unauthorized access to or use of the Owner's secure servers and/or any and all personal information stored therein; (f) any interruption or cessation of transmission to or from the Service; (g) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Digital Content; (h) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Service; and/or (i) the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Owner, or the Owner Parties, be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner hereunder in the preceding 6 months, or the period of duration of this Agreement between the Owner and User, whichever is shorter.

(2) This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.

(3) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.

1. Indemnification. The User agrees to defend, indemnify and hold the Owner and the Owner Parties harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from (1) User's use of and access to the Digital Content, including any data or content transmitted or received by User; (2) User's violation of these terms, including, but not limited to, User's breach of any of the representations and warranties set forth in these terms; (3) User's violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights; (4) User's violation of any statutory law, rule, or regulation; (5) any content that is submitted from User's account, including third party access with User's unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information; (6) User's willful misconduct; or (7) statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law.

23. Common Provisions

a. No Waiver. The Owner's failure to assert any right or provision under these Terms and/or the Agreement shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

b. Service interruption. To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately. Within the limits of law, the Owner may also decide to suspend or terminate the Service altogether. If the Service is terminated, the Owner will cooperate with Users to enable them to withdraw personal data or information in accordance with applicable law. Additionally, the Service or Digital Content might not be available due to reasons outside the Owner's reasonable control, such as force majeure, including without limitation acts of God, extreme weather, natural disasters, governmental actions, labor strikes, infrastructural breakdowns, emergency orders, pandemic (including without limitation the Covid-19 pandemic), and lockdowns.

c. Service reselling. Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission, granted either directly or through a legitimate reselling program.

24. Privacy policy. To learn more about the use of their Personal Data, Users may refer to the privacy policy of this Application.

25. Intellectual property rights. Without prejudice to any more specific provision of these Terms, any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to the Application, Website, Services, and/or Digital Content are the exclusive property of the Owner, or its licensors, and are subject to the protection granted by applicable laws or international treaties relating to intellectual property. All trademarks, whether in common law or registered with the United States Patent and Trademark Office (or the equivalent in other jurisdiction), and all other trade and service marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties related to intellectual property.

26. Changes to these Terms. The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes. Such changes will only affect the relationship with the User for the future. The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service. Failure to accept the revised Terms, may entitle either party to terminate the Agreement. The applicable previous version will govern the relationship prior to the User's acceptance. The User can obtain any previous version from the Owner. If required by applicable law, the Owner will specify the date by which the modified Terms will enter into force.

27. Assignment of Agreement. The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account. Provisions regarding changes of these Terms will apply accordingly. Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

28. Contacts. All communications relating to the use of the Digital Content must be sent using the contact information stated in the Terms and/or Agreement.

29. Severability. Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

a. US Users. Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof, and supersede all other communications, including but not limited to all prior agreements, between the parties with respect to such subject matter. These Terms will be enforced to the fullest extent permitted by law.

b. EU Users. Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts. In case of failure to do so, the void, invalid or unenforceable provisions shall be replaced by the applicable statutory provisions, if so permitted or stated under the applicable law. Without prejudice to the above, the nullity, invalidity or the impossibility to enforce a particular provision of these Terms shall not nullify the entire Agreement, unless the severed provisions are essential to the Agreement, or of such importance that the parties would not have entered into the contract if they had known that the provision would not be valid, or in cases where the remaining provisions would translate into an unacceptable hardship on any of the parties.

30. Governing Law. These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles. Exception for European Consumers: However, regardless of the above, if the User qualifies as a European Consumer and has their habitual residence in a country where the law provides for a higher consumer protection standard, such higher standards shall prevail.

31. Venue of Jurisdiction. The exclusive competence to decide on any controversy resulting from or connected to the Terms and/or Agreement lies with the courts of the place where the Owner is based, as displayed in the relevant section of this document. Exception for European Consumers: The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in Switzerland, Norway, or Iceland.

32. Dispute Resolution; Mandatory Arbitration, Waiver of Jury Trial and Class Actions.

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

1. Amicable Dispute Resolution. User may bring any disputes to the Owner who will try to resolve them amicably. The User may submit the complaint including a brief description of the dispute and User's contact information, including username if the dispute relates to an EverySign account. With the exception of intellectual property, User agrees to use reasonable efforts to settle any dispute, claim, question, or disagreement directly through consultation with Owner and good faith negotiations shall be a condition to User commencing a legal action against Owner.

b. Binding Arbitration. If a resolution is not reached within a reasonable time, but not exceeding thirty (30) days from the response from Owner, User may commence binding arbitration as the sole means to resolve all claims (with exception of those provided below) subject to the terms herein below. Specifically, all claims arising out of or relating to these Terms, the parties' relationship with each other, and/or User's use of the Digital Content, Website, and/or App, or information Owner supplies shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the AAA Arbitration Rules by a single arbiter with at least ten (10) years of experience in technology and digital products and services.

c. Arbitrator's Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, and the Agreement, including but not limited to any claim that all or any part of these Terms, and/or the Agreement, is void or voidable, whether a claim is subject to arbitration or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator's award shall be written and shall be binding on the parties and may be entered as a judgement in any court of competent jurisdiction.

d. Fees & Costs. If your claim(s) total is less than US $5,000.00, then the sole method of resolution shall be a small action claim in the California Superior Court in Los Angeles County.

e. No Jury Trial. The parties understand that, absent this mandatory arbitration section, they would have the right to sue in court and have a jury trial; User hereby specifically and irrevocably waives their right to a jury trial. User further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

f. Venue. Arbitration shall be initiated and take place in Los Angeles, California, United States, and User agrees to submit to the personal jurisdiction of any federal or state court in Los Angeles, California, Central District in order to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgement on the award entered by the arbitrator.

g. Class Action Waiver. User further agrees that the arbitration shall be conducted in their respective individual capacity only and not as a class action or other representative action, and expressly waives their right to file a class action or seek relief on a class basis. USER AGREES THAT THEY MAY BRING CLAIMS AGAINST OWNER ONLY IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

h. Exception: Litigation of Intellectual Property. Notwithstanding the parties' decision to resolve all disputes through arbitration, any enforcement actions, validity determinations, or claims arising from or relating to theft, piracy, or unauthorized use of intellectual property in any state, or federal court or other governing body or authority with lawful jurisdiction for such disputes, or in the U.S. Patent and Trademark Office to protect its intellectual property rights (intellectual property rights means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights).

i. This Mandatory Arbitration, Waiver of Class Actions section shall survive any termination of User's use of the App, Digital Content, and/or Website.

j. Entire Terms. These Terms, which include the language and paragraphs preceding Section 1, are the final, complete, and exclusive expression of the agreement between User and Owner regarding the Services, App. Digital Content, and any other products provided under these Terms. These Terms supersede and the parties disclaim any reliance on previous oral and written communications (including any confidentiality agreements pertaining to the Site (including the Services) under these Terms) with respect to the subject matter hereof and apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. Owner hereby rejects any additional or conflicting terms appearing in a purchase order or any other ordering materials submitted by you and conditions assent solely based on these Terms and conditions of these Terms as offered by Owner. In the event of an inconsistency or conflict, the order of precedence in descending order of control is as follows: (a) the Subscription Plan; (b) any attachments or appendix(ices) to the Service Schedule(s); (c) the Service Schedule; and (d) these Terms.

k. Governing Law & Venue. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of California, U.S.A, without reference to its choice of law rules to the contrary. User hereby submits to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in Los Angeles, California, U.S.A.

l. Waiver. The waiver by Owner of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party's right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.

m. Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.

33. Supplemental Term in Certain Countries. If User (referred to as you below) resides in one of the following countries or regions, the below provisions also apply thereto. To the extent there is a conflict between the provisions below and the provisions in the main portion of the Terms above, the below provisions control to the extent of that conflict.

a. California. If you are a California resident, you hereby waive California Civil Code §1542, which says: A general release does not extend to claims which the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his r her settlement with the debtor or released party.

b. New Jersey. If you are a New Jersey resident, the limitations of liability set forth herein specifically do apply to you.

c. Austria. If you are domiciled in Austria, Owner shall be fully liable for intentional and gross negligence, as well as for any damages arising from injury to life, body or health caused by Owner. In the case of liability for slight negligence, Owner shall be liable only for breach of a material obligation (Cardinal Duty) and any such liability shall be limited to typical, foreseeable damages and shall not include liability for lack of economic results, loss of profit, or indirect damages. A Cardinal Duty in the meaning of this section is an obligation, the fulfilment of which is essential to the performance of these Terms and on the fulfilment of which the contracting party may therefore rely. If you are a consumer, nothing in these Terms affects your rights under mandatory Austrian law and these Terms will be interpreted, construed, and enforced in all respects in compliance with mandatory consumer protection laws of Austria. Notwithstanding the Mandatory Arbitration and Governing Law and Jurisdiction provisions above, if you are a consumer, you may submit a claim to enforce your rights under these Terms to the competent courts in Austria. The offering of EverySign Services is limited to businesses only. If you are a consumer in the sense of the Consumer Protection Act ("KSchG"), you must not enter an agreement with Owner for the Services.

d. Belgium. If you are domiciled in Belgium, except in cases of intentional or gross negligence (including by its employees or agents), or of breach of essential obligations under the contract in the absence of force majeure, Owner shall not be liable to you for any damages arising out of or related to any transactions or uses of the Services contemplated under these Terms. Notwithstanding anything to the contrary herein, you will have the right to assign your rights or obligations under these Terms subject to you providing 30-day prior written notice to Owner.

e. Germany. If you are domiciled in Germany, Owner shall be fully liable for intentional and gross negligence, as well as for any damages arising from injury to life, body or health caused by Owner. In the case of liability for slight negligence, Owner shall be liable only for breach of a material obligation (Cardinal Duty) and any such liability shall be limited to typical, foreseeable damages and shall not include liability for lack of economic results, loss of profit, or indirect damages. A Cardinal Duty in the meaning herein is an obligation, the fulfilment of which is essential to the performance of these Terms and on the fulfilment of which the contracting party may therefore rely. If you are a consumer, nothing in these Terms affects your rights under mandatory German law and these Terms will be interpreted, construed, and enforced in all respects in compliance with mandatory consumer protection laws of Germany. Notwithstanding the Mandatory Arbitration and Governing Law and Jurisdiction provisions above,, if you are a consumer, you may submit a claim to enforce your rights under these Terms to the competent courts in Germany.