Pactly
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Terms of Service

Comprehensive terms of service governing the use of Pactly's electronic signature platform and services.

Terms of Service

Effective Date: January 15, 2025

Acceptance of Terms

By accessing or using Pactly's electronic signature services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use our Service.

Service Description

Electronic Signature Platform

Pactly provides an electronic signature platform that enables users to:

  • Upload and prepare documents for electronic signing
  • Send documents to signers for electronic signature
  • Create legally binding electronic signatures
  • Manage and store signed documents
  • Generate audit trails and compliance reports

Legal Compliance

Our Service is designed to comply with:

  • Electronic Signatures in Global and National Commerce Act (ESIGN Act)
  • Uniform Electronic Transactions Act (UETA)
  • Ley 527 de 1999 (Colombia)
  • eIDAS Regulation (Simple Electronic Signatures)
  • Other applicable electronic signature laws

User Accounts

Account Registration

To use our Service, you must:

  • Provide accurate and complete registration information
  • Maintain the security of your account credentials
  • Promptly update account information as needed
  • Be at least 18 years of age or the age of majority in your jurisdiction

Account Responsibilities

You are responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your login credentials
  • Notifying us immediately of any unauthorized access
  • Ensuring compliance with applicable laws and regulations

Use of Service

Permitted Uses

You may use our Service to:

  • Create and send documents for electronic signature
  • Sign documents electronically where legally permitted
  • Store and manage your signed documents
  • Access audit trails and compliance reports

Prohibited Uses

You may not:

  • Use the Service for illegal or unauthorized purposes
  • Upload malicious software or harmful content
  • Attempt to gain unauthorized access to our systems
  • Interfere with or disrupt the Service
  • Use the Service to send spam or unsolicited communications
  • Violate any applicable laws or regulations

Document Handling

Document Upload

When uploading documents, you represent that:

  • You have the right to upload and share the document
  • The document does not contain illegal or harmful content
  • You comply with all applicable privacy and data protection laws
  • The document is appropriate for electronic signature

Document Security

We implement security measures including:

  • Encryption of documents in transit and at rest
  • Access controls and authentication
  • Audit trails and activity logging
  • Regular security monitoring and updates

Document Retention

  • Signed documents are retained for a minimum of seven (7) years to ensure compliance with applicable laws.
  • After account termination, personal data is deleted within thirty (30) days, unless retention is required for regulatory, legal, or audit purposes.
  • Audit logs and cryptographic signature metadata may be retained beyond this period to ensure data integrity and compliance.

Electronic Signatures

Legal Validity

Electronic signatures created through our Service:

  • Are intended to be legally binding where permitted by law
  • Meet the technical requirements of applicable e-signature laws
  • Include proper authentication and intent verification
  • Generate comprehensive audit trails

Signature Requirements

For valid electronic signatures:

  • Signers must have clear intent to sign
  • Authentication must be properly completed
  • Signature must be properly attributed to the signer
  • Document integrity must be maintained

Limitations

Currently, Pactly only supports Simple Electronic Signatures (SES) as defined under the EU eIDAS Regulation. Our platform does not support Advanced or Qualified Electronic Signatures (AdES/QES), which may be required by certain regulatory frameworks. These include, but are not limited to:

  • Health care consents governed by HIPAA or equivalent regulations
  • Financial transactions regulated under Basel III or local law
  • Government filings, land registry submissions, and court documents

We recommend users consult legal counsel before relying on Pactly for regulated or high-risk transactions.

Legal Sufficiency Disclaimer

Pactly does not provide legal advice. The validity, enforceability, and legal sufficiency of documents signed using the Service may depend on jurisdiction-specific laws. Users are solely responsible for ensuring the documents they execute comply with local legal or regulatory requirements.

Payment Terms

Subscription Plans

  • Service is provided on a subscription basis
  • Plans include various features and usage limits
  • Pricing is subject to change with notice
  • Unused portions of subscriptions are non-refundable

Payment Processing

  • Payments are processed by third-party providers
  • You authorize us to charge your payment method
  • Failed payments may result in service suspension
  • Taxes are your responsibility unless otherwise stated

Refunds

  • Annual subscriptions include a 30-day money-back guarantee
  • Monthly subscriptions are generally non-refundable
  • Refunds are processed at our discretion
  • Contact support for refund requests

Privacy and Data Protection

Personal Information

We collect and process personal information as described in our Privacy Policy. By using our Service, you consent to such collection and processing.

Cross-border transfers of personal data are conducted pursuant to appropriate legal safeguards, including Standard Contractual Clauses (SCCs) for EU residents and comparable measures for other jurisdictions such as Brazil, Canada, and California. For more details, refer to our Privacy Policy.

Data Security

We implement appropriate technical and organizational measures to protect your data, but cannot guarantee absolute security.

We also use cookies and similar tracking technologies for analytics, session management, and fraud prevention. For more information, please review our [Cookie Policy].

Data Retention

We retain data as described in our Privacy Policy and as required for legal compliance.

Data Processing Addendum (DPA)

Enterprise customers who require a standalone data processing agreement may execute our Data Processing Addendum ("DPA"). The DPA incorporates the EU Standard Contractual Clauses (Commission Implementing Decision (EU) 2021/914), the UK International Data Transfer Addendum, and other appropriate transfer mechanisms as applicable. The DPA is incorporated by reference into these Terms for all customers. A countersigned copy is available upon request at [email protected].

Third-Party Services

We rely on reputable third-party vendors to provide infrastructure, communications, analytics, and payment services (e.g., AWS, LemonSqueezy, Resend). These subprocessors are contractually bound to implement industry-standard security safeguards. Use of the Service constitutes consent to processing by such vendors. A current list of subprocessors is available on our [Third-Party Disclosure Page].

Intellectual Property

Our Rights

We retain all rights, title, and interest in:

  • The Pactly platform and software
  • Our trademarks, service marks, and logos
  • Our proprietary technology and methods
  • All improvements and derivatives

Your Rights

You retain ownership of:

  • Documents you upload to our Service
  • Content you create using our Service
  • Your business information and data

License Grant

You grant us a limited license to:

  • Store and process your documents
  • Provide the Service to you
  • Make backups and ensure service availability
  • Comply with legal requirements

Service Availability

Uptime

We strive to maintain high service availability but do not guarantee uninterrupted access.

Maintenance

We may perform scheduled maintenance with advance notice when possible.

Support

We provide customer support through various channels as described on our website.

Limitation of Liability

Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Limitation

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY IS LIMITED TO THE AMOUNT YOU PAID FOR THE SERVICE.

Exclusions

WE ARE NOT LIABLE FOR:

  • INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES
  • LOSS OF DATA, PROFITS, OR BUSINESS OPPORTUNITIES
  • DAMAGES RESULTING FROM THIRD-PARTY ACTIONS
  • FORCE MAJEURE EVENTS

Indemnification

You agree to indemnify and hold us harmless from claims arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of applicable laws
  • Infringement of third-party rights

Termination

By You

You may terminate your account at any time by:

  • Canceling your subscription
  • Contacting customer support
  • Following account closure procedures

By Us

We may terminate your account for:

  • Violation of these Terms
  • Non-payment of fees
  • Illegal or harmful activity
  • Extended inactivity

Effect of Termination

Upon termination:

  • Your access to the Service will be suspended
  • Data may be deleted subject to legal requirements
  • Outstanding fees remain due
  • Certain provisions survive termination

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. Users residing in jurisdictions with overriding consumer protection laws may retain rights under those laws.

Some services or features may not be available or valid in certain jurisdictions. Please consult our [Compliance Disclosures Page] for more details.

Dispute Resolution

Informal Resolution

We encourage resolution of disputes through our customer support process.

Arbitration

Any disputes not resolved informally shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be seated in New York, New York, and conducted in English.

Class Action Waiver

You agree not to participate in class action lawsuits related to our Service.

Changes to Terms

We may modify these Terms from time to time. We will:

  • Notify you of material changes
  • Post updated Terms on our website
  • Allow reasonable time before changes take effect
  • Consider continued use as acceptance of changes

Contact Information

For questions about these Terms:

For general support:

These Terms of Service constitute the entire agreement between you and Pactly regarding your use of our Service.

Last updated: January 15, 2025