CONTRACTIZE INC.

TERMS OF USE

Last Update: 10/01/2016

We here at CONTRACTIZE are on a mission to make your life easier by providing you with a platform that facilitates the creation of contracts – anywhere, anytime. These Terms of Use will cover the policies and necessary information which are required to prepare the User for their experience with CONTRACTIZE and its services.

These Terms of Use (“Terms”) govern the use of CONTRACTIZE Inc. (“CONTRACTIZE”) services, including its website, applications, contracts, templates, products, and payments (“Services”) by you (“User”) as well as any information, files, documents, images, text, and other materials uploaded to or downloaded from, stored on, or transmitted through the Services (“Content”).

By accessing or using CONTRACTIZE and its Services, you agree to be bound by these Terms.

If you do not agree, please do not access or use the Services.

You agree that, by using the Services, you are at least 18 years old and you are legally able to get into a contract. If you have any doubts about the information explicated by these Terms herein, please refrain from using CONTRACTIZE and email us at hello@contractize.com. We will make it clear for you.

  1. Services

CONTRACTIZE provides you a legal mobile document assistant platform to streamline contract creation, electronic signing, sending, receiving and management process.

CONTRACTIZE allows its users to make simple, bulletproof contracts and documents in seconds.

In order to simplify document management, Users can sign and send electronically signed contracts and documents directly to other parties for signing in the same way. Users can also track, store and manage these documents all within the same platform. CONTRACTIZE provides a library of templates for you to use, and in some cases Users can send their own content to be applied on our Services.

CONTRACTIZE provides a free tier of basic services, as well as paid subscription tiers which include additional features and extend the functionality and versatility of the CONTRACTIZE Services.

  1.  CONTRACTIZE is not a law firm

CONTRACTIZE IS NOT A LAW FIRM and does not provide legal advice. Your use of CONTRACTIZE does not constitute client-lawyer privilege. CONTRACTIZE is a legal mobile document assistant used to make, electronically sign, send, store and manage your legal documents and related data. The Services provided by CONTRACTIZE are not substitutes for the advice of a licensed attorney and if you need legal advice for specific matters, you should consult a licensed attorney in your area. We do not review any information that you provide to us for the purpose of discerning legal accuracy or sufficiency, we do not provide opinions about your selection or use of forms and / or templates, and we do not enforce or apply the law to the circumstances of your situation.

You are always representing yourself, in sole discretion, when using CONTRACTIZE and its Services.

  1. Use of CONTRACTIZE

3.1. Grant of Limited License. Subject to compliance with these Terms, CONTRACTIZE hereby grants the User a limited, non-exclusive, non-transferable, revocable license (“License”) to the CONTRACTIZE products and services included in User’s subscription tier, whether free or paid. This License includes the right for Users to keep, for their records, electronic or physical copies of contracts created with the use of CONTRACTIZE’s Services.

Users may not copy the content of CONTRACTIZE’s own contracts and documents for use or sale outside of CONTRACTIZE.

3.1.1. License Term. The License Term begins with User’s first use of CONTRACTIZE and will continue until the early of termination or until the User’s account is deactivated.

3.1.2. Termination. CONTRACTIZE reserves the right, in its sole discretion and at any time, to terminate the License and the User’s access to any and / or all of CONTRACTIZE’s Services.

3.1.3. Effect of Termination.

(i) Fees. Any fees that are unpaid as of the date of termination will be immediately due and payable.

(ii) Survival. The termination or expiration of the License will not affect any sections of these Terms, which by their nature survive termination or expiration.

3.2. Restrictions of use

In using CONTRACTIZE or any of its Services, you agree NOT to:

  • Intentionally or unintentionally violate any law, statute or regulation, or to use CONTRACTIZE in a way that facilitates any such violation.
  • Disrupt or interfere with any other user’s use and / or experience of CONTRACTIZE and its Services.
  • Upload or otherwise transmit through CONTRACTIZE any form of malware, bot, virus or other harmful, disruptive, or destructive file or code.
  • Use a false identity, pose or present yourself as another person, or sign a document posing as someone else or on behalf of someone else.
  • Access, use or attempt to use another user’s account, password, systems, Services or Content.
  • Permit more than one User per account, username or email login.
  • Attempt to transmit any content that you are not authorized to transmit.
  • Disrupt or interfere with the security of, or otherwise cause harm to, CONTRACTIZE, its Services, Content, products, users, systems, system resources, accounts, passwords, servers, or networks connected to and / or accessible through CONTRACTIZE and its Services.

3.3.  Copyright and Trademarks

The texts, design, graphics, icons, look and feel, and the selection and arrangement thereof, of CONTRACTIZE’s services are Copyright ©, CONTRACTIZE, Inc. All rights reserved.

CONTRACTIZE, the CONTRACTIZE “document” logo and “CONTRACTS MADE EASY” are registered in the U.S. Patent and Trademark Office. These and any other CONTRACTIZE services, products, names or slogans displayed on CONTRACTIZE services are trademarks of CONTRACTIZE, Inc. You are not authorized to use, imitate or copy them, in whole or in part, without our prior written consent. In addition, the look and feel of CONTRACTIZE, including all page headers, graphics, button icons and scripts, is the service mark or trademark of CONTRACTIZE, Inc. and you may not copy, imitate or use it, in whole or in part, without our prior written consent.

3.4. Incorporating our services

Including our services or products within any third-party service is not permitted without our prior written consent.

3.5.  Management of your documents made by CONTRACTIZE

You understand that actions you take outside of CONTRACTIZE can affect the terms and legal status of contracts and documents you have created in CONTRACTIZE in ways that CONTRACTIZE’s version of your contract or document will not reflect.

For example, if you and another party sign a contract or document through CONTRACTIZE and later exchange emails modifying the terms of that contract or document, then through your emails you may have amended the contract or document in ways that the version in CONTRACTIZE does not account for.

You understand that deleting a contract or document from CONTRACTIZE does not terminate or otherwise affect the status of that contract or document, but only removes it from your own view. Upon your deletion, the other party will receive no notification or additional information.

Similarly, you understand that deleting a pending contract or document from CONTRACTIZE does not rescind the offer you have made to the other party to sign the contract or document.

To actually rescind an offer, you must notify the other party that the offer is rescinded before they accept it.

You understand that removing the CONTRACTIZE app from your device or otherwise deactivating your CONTRACTIZE account does not terminate or otherwise affect the legal status of any contract or document you are bound / party to or have offered through CONTRACTIZE.

3.6. Your Content

You are solely responsible for the Content uploaded to CONTRACTIZE, when applied.

We will not review, edit or make any kind of alterations, modifications or adjustments to the Content you upload in order to utilize CONTRACTIZE’s Services.

  1. Payments

4.1. Payment. User must pay CONTRACTIZE premium fees according to the payment terms specified at the time services are ordered.

4.2 Failure to Pay. If User fails to pay, CONTRACTIZE may, in its sole discretion, terminate, suspend or restrict provision of its services. CONTRACTIZE may charge interest at a monthly rate ranging from a minimum of 1.0% per month to the maximum rate permitted by applicable law on any overdue fees, from the due date until the date any overdue amount (plus applicable interest) is paid in full.

4.3. Disputes. If User believes in good faith that CONTRACTIZE has incorrectly billed User, User must contact CONTRACTIZE within 30 days of the billing date, specifying the detected error. Unless User has notified CONTRACTIZE of the dispute, User must reimburse CONTRACTIZE’s reasonable collection costs (including attorney’s fees). User must pay the undisputed portions of CONTRACTIZE’s invoice as required by these Terms.

4.4. Taxes. Prices do not include applicable taxes. CONTRACTIZE will invoice User for any applicable taxes, and User must pay these taxes.

4.5. Delivery. CONTRACTIZE’s services are deemed to be delivered and accepted on the start date of the License Term.

4.6. Refunds. User may downgrade or deactivate the CONTRACTIZE service at any time. However, User will not be refunded for the remaining subscription term unless CONTRACTIZE determines, in its sole discretion, that the downgrade or deactivation was initiated in response to a malfunction of a CONTRACTIZE service or system.

4.7. Free Trials. At the end of any free trial period, User’s paid subscription will automatically begin at the premium service level matching the one provided in the free trial, using the User payment information on file. User must downgrade or deactivate service within the free trial period to avoid initiation of billing.

  1. Services and Products Rights

CONTRACTIZE retains all right, title and interest in and to its services and products, including, without limitation, software, design, images, texts, graphics, illustrations, logos, service marks, icons, copyrights, photographs, videos, music, and all related intellectual property rights. You cannot, and cannot permit others to:

(i) Reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our services;

(ii) Sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our services;

(iii) Disable or circumvent any security or technological features of our services.

  1. Your Privacy

Your privacy is very important to us. Please review our Privacy Policy to understand how CONTRACTIZE treats your personal information and protects your privacy.

Our Privacy Policy is incorporated by reference into these Terms of Use.

  1. CONTRACTIZE is for U.S. use only

CONTRACTIZE’s services are intended for use in the United States only. We make no claims that our services or products are accessible or appropriate outside of the United States. If you access CONTRACTIZE’s services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

  1. Warranty Disclaimer

The accuracy and legal sufficiency of documents produced using CONTRACTIZE depends on User input, and CONTRACTIZE does not review this input. We do not make any claims about the quality, accuracy, legal sufficiency, legal enforceability, or appropriateness of CONTRACTIZE for your needs. If you need legal advice or help on your specific situation, please consult a licensed attorney in your area.

Laws can change rapidly, and we cannot guarantee that all of the information contained in our services and documents will be current. Moreover, the law can vary from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. We do not guarantee that our services, forms, contracts and documents are appropriate for your jurisdiction.

Concerning any documents that you provide for upload to the CONTRACTIZE platform, CONTRACTIZE disclaims any liability for errors during manual transcription or optical character recognition (OCR). You are responsible for reviewing the content of such documents for accuracy before use.

CONTRACTIZE’S SERVICES AND PRODUCTS ARE OFFERED AS-IS AND AS AVAILABLE.

CONTRACTIZE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

  1. Liability Disclaimer

CONTRACTIZE DISCLAIMS LIABILITY FOR ANY LOSS, CLAIM, DAMAGE OR INJURY RELATED TO YOUR USE OF ITS SERVICES OR PRODUCTS, INCLUDING WITHOUT LIMITATION, THOSE RESULTING FROM ERRORS OR OMISSIONS, A SITE OR APPLICATION BEING DOWN, OR DATA LOSS.

CONTRACTIZE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALWARE OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF ANY OF CONTRACTIZE’S SERVICES OR PRODUCTS.

CONTRACTIZE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES ARISING FROM ANY COURT ACTION OR LEGAL DISPUTE.

IN NO EVENT WILL THE AGGREGATE LIABILITY OF CONTRACTIZE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF CONTRACTIZE’S SERVICES AND PRODUCTS, EXCEED ANY COMPENSATION PAID BY YOU FOR ACCESS TO OR USE OF CONTRACTIZE DURING THE THREE MONTHS PRIOR TO THE DATE OF ANY CLAIM.

  1. Indemnification

You will indemnify and hold harmless CONTRACTIZE and its officers, employees, representatives, agents, and assigns from any costs, damages, expenses, and liability caused by your use of any of CONTRACTIZE’s services and products, your violation of these Terms of Use, or your violation of any rights of a third party through use of CONTRACTIZE or its content.

  1.  CONTRACTIZE content is subject to change

We can change the CONTRACTIZE documents in our library without prior notice. Any such changes will affect future documents generation only, and will not change the language, content or context of contracts and documents that have already been signed prior to such changes.

  1. Contact

We would be happy to answer your questions.

Please email us at hello@contractize.com

Or contact us by at 1- (888) 203- 0417 [9:00 AM to 5:00 PM, Eastern Time]

  1. General Provisions

13.1. Choice of Law. You agree that any disputes with CONTRACTIZE arising from or connected to your use of CONTRACTIZE will be governed by the laws of the state of Florida, and Orange County courts will have exclusive jurisdiction over any such disputes.

13.3. Entire Agreement. These Terms, along with purchase-related communication, invoices, sales orders or other information, constitute the entire agreement between you and CONTRACTIZE with respect to your use of CONTRACTIZE and its and services and products.

13.4. Non-Waiver. No waiver by CONTRACTIZE, Inc. of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of CONTRACTIZE Inc. to assert a right or provision under these Terms will not constitute a waiver of such right or provision.

13.5. Severability. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

  1.  Modification of these Terms

We reserve the right to modify these Terms anytime. You agree that your use of CONTRACTIZE’s services and products after a modification will be treated as acceptance of the modified Terms.

We strongly recommend that you review our policies and these Terms periodically.

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