Terms of Use

Disclosures

1.1. Scope – These Terms and Conditions of Use (“Agreement”) constitute a legally binding
Agreement between Zava Global Partner L.L.C., dba SignaSure (“SignaSure”, “our” “Us” or “We”)
and the User of the Service (“Subscriber”, “You” or “Your”). This Agreement governs your use as
well as the use of your end users of the SignaSure Electronic Document Review and electronic
Signature application (“Application” or “Service”). That includes but isnot limited to, direct
use of the Application use of the Application or Service through SignaSure’s web-site “Site” as
well as indirect use through an affiliate who is licensed to use the application. By uploading
any document into the Application, setting-up or attempting to integrate the Application, using
the Application or service to transmit or execute a document or gather or transmit any
information, installing any software related to the application or service, or by clicking a
button or box that indicates You Accept or Agree to Use the Application or any service provided
by SignaSure, you are explicitly stating you understand and accept all of the provisions of this
Agreement, including but not limited to any User Agreement, Service Plan, Subscription,
Licensure or Privacy Policy that is incorporated into this Agreement by reference herein.

1.2. Agreement - If you do not agree to all of the terms of this Agreement, you should not and
cannot use the Application.

1.3. Agent - If you are entering into this Agreement of behalf of a company or some other legal
entity, you explicitly warrant that you are authorized to accept, on that company or entity’s
behalf, all of the provisions of this Agreement and the terms of all other documents that may be
incorporated herein by reference. By certifying that you have the requisite authority to act on
behalf of the relevant company or entity, you also warrant that you have the authority to bind
that company or entity to all of the provisions of this Agreement and all other documents
incorporated by reference herein. If you do not have the requisite authority described above or
do not agree with the terms of this Agreement, you cannot accept this Agreement and you cannot
access Application.

1.4. Access - If you are a direct competitor of SignaSure, you cannot and should not access the
application, per this Agreement, and by accepting the terms of this Agreement you represent and
warrant that you are not a direct competitor of SinaSure.

1.5. Modifications - SignaSure may from time-to-time revise the contents of this Agreement by
posting a revision notice on our site or sending information regarding an update to Users of the
Application. SignaSure is not liable to any User or Third-Parties for any changes and/or revions
to this Agreement and SignaSure reserves the right to make any such changes or revisions at its
sole discretion. It is a User’s sole responsibility to periodically check the site for such
changes and/or revisions and periodically review this Agreement to ensure its terms are fully
understood and accepted by said User. Acceptance of any changes or revision by a User will be
inferred, if said User continues to use the Application for thirty (30) days after any change
and/or revision is made. Except as provided in this Section, this Agreement and any other
document incorporated by reference cannot be amended unless such an amendment is in writing and
signed by both SignaSure and User.

1.6. Severability – In the event that any portion or terms within this Agreement, a User
Agreement or any other associated document are held illegal, invalid or unenforceable, the
remaining terms and sections of this Agreement will remain in full force and effect.

1.7. LEGAL STATEMENT - WE ARE NOT A LAW FIRM OR A SUBSTITUTE FOR AN ATTORNEY OR LAW FIRM. WE
CANNOT PROVIDE ANY KIND OF LEGAL ADVICE, EXPLANATION, OPINION OR RECOMMENDATION ABOUT POSSIBLE
LEGAL RIGHTS, CONSEQUENCES OR REMEDIES. IT IS THE OBLIGATION OF ANY INDIVIDUAL USING SIGNASURE
SOFTWARE TO INDEPENDENTLY AND THROUGHLY READ, REVIEW AND UNDERSTAND ANY DOCUMENT PRIOR TO
EXECUTING THAT DOCUMENT THROUGH THE SIGNASURE SYSTEMS.

2. Definitions

2.1. Account – Means the active license(s) or membership through which Authorized Users and End
Users are allowed to accesses the Application or Site and through which subscriptions are
issues.

2.2. Document Management or Administrative System – Is the system, platform or user dashboard
that allows Authorized Users to navigate their way around the Application, control their user
settings and preferences, upload, create, send, review, sign and save templates, documents,
document bundles or executed agreements and any completed or partial Certificate of
Evidence.

2.3. Authentication Measures – Any measure(s) deployed by the application to verify a user’s
identity through—among other things—a Selfie, Driver’s License Verification, IP Address, GPS
Location, Security Question or any other identify verification tool.

2.4. Application or System – Means any software or code that make up our Document Review System,
Document Management System, Administrative System, eSignature Platform, Document or Information
Transmittal Systems or any Storage System deployed or provided by SignaSure, including but not
limited to any web-site, programs, servers or other systems or tools used by SignaSure to
provide access to our services and/or technology. This further includes any intellectual
property right(s) related to any SignaSure systems and/or technologies; any user interface,
processes, networks; information collection or distribution tools; tools that organize, condense
or store information; any reports, documentations, code or architecture; as well as algorithms,
extensions, modification or enhancements whenever developed or used by us at any time.

2.5. Audit Trail – Means any data or transmitted information related to usage of our Application.
That includes, but is not limited to: 1) document creation and upload history (form, time, date,
location); 2) usage history from an any User (names, geographic location, email, SMS number,
phone number, IP address, divers license information, image values and date and/or time of
usage); 3) all metadata related to the date, time, length and location of all actions taken by
any user in the Application, System or Site (image values, all transaction history, method,
time, date location, IP Address, actions taken and eSignature).

2.6. Authorized User – Any person or employee affiliated with the owner of an Account who uses a
valid Subscription or License to access or use the Application, System, Site or any other
services we provide. The owner of an Account may hold numerous subscriptions or licenses that
allow multiple Authorized Users to access the application at the same time. Individuals that are
not listed as Authorized User under an Account or using the application as an intended End User
as part of legitimate business with an Authorized User shall not be allowed to access or use the
application or system through any Account.

2.7. Avatar – A digital or electronic icon or figure and voice representing a particular or
non-specific person that appears in and is utilized by the SignaSure Document Review System.

2.8. Certificate of Evidence – A document that contains an original copy of the signed electronic
document; information and a description of each signor or User of the Application; the method of
document or information transmittal (email, web-ling, SMS, text); all authentication measures
deployed during any document or information review or eSinging; a detailed audit trail of all
actions taken in the document from creation and review to signature and completion that includes
but is not limited to a date, time, IP address and geographic a location for each action taken
in the Application by all Users.

2.9. Dictation – The narrative used to present or outline the purpose or terms of any given
section of an uploaded document that correlate to an associated hotspot or section of that
document.

2.10. Document Bundle – Any transmission of document(s), information or template(s) uploaded into
the application for trimestral, review, completion and/or eSignature in the Application. Each
upload of a document, series of related documents, template(s) or information for transmittal to
one individual through the application is considered one document bundle and will result in one
unit of allowable volume. Additionally, a document bundle does not count as one unit of
allowable volume until the bundle is delivered, reviewed, eSigned and marked as executed or
refused in a Certificate of Evidence.

2.11. Driver’s License Identification System – Method by which photographs of the front and back
of a User’s driver’s license are taken and information from the front and back of a license is
captures and saved. The system then compares and matches the saved information contained on the
barcode on the back of the license to the information on the front of the licensed and generates
a report. If the information matches the license is deemed valid and if it does not the licensee
is deemed invalid.

2.12. Document or Image Upload – Any photographic image of a document taken through use of the
Application and uploaded into the application for transmittal to another User.

2.13. Electronic Document – Any document uploaded into the Application for electronic review,
electronic field input and/or electronic signature.

2.14. Electronic Document Vault – A secure third party storage system where documents executed
using the Application are cryptographically stored. Such documents can only be accessed by the
appropriate User that either initiated and/or executed the relevant document.

2.15. Electronic Signature (eSignature) – Is any signature, mark, initial, voice verification or
other affirmation affixed to an associated electronic document through usage of SignaSure’s
Application that indicate the user’s intent to accept or agree to the terms or provisions
contained in the relevant document that has been transmitted through the Application.

2.16. Electronic Document Review System – The electronic platform that loads a document, document
bundle or presentation along with any associated dictation(s) for review, field filling and/or
electronic signature. Electronic Document Review Systems may include, but are not limited to,
any system that reviews, presents and/or captures information related to any document, document
bundle or presentation through use of an electronic avatar, audio recording, video recording or
text.

2.17. End User – Customer, consumer or anyone affiliated with an Authorized User who uses an
Authorized User’s SignaSure account to transmit information or review and/or electronically sign
a document, document bundle or presentation that involves legitimate business with that
Authorized User.

2.18. Hotspot(s) – The manner in which any uploaded document is presented for ordered review
through highlighted sections of any document, document bundle or presentation loaded or accessed
through the Application. Hotspots can be comprised of multiple documents, a single document, a
number of pages in the document(s), a single page from the document(s), multiple sections within
several pages of the document(s), multiple sections within one page of the document(s), a single
section of the document or a portion of a single section within the document(s).

2.19. Service Plan – The Terms of Usage that outline the services and systems a User is allowed
to access as part of a User Agreement in exchange for a periodic fee, subject to any
restrictions outlined in that Agreement and any addenda to that Agreement. Restrictions include
but are not limited to: 1) term; 2) number of Authorized Users; 3) number of transactions
(volume limit) in a set period of time; 4) number of electronic document pages that can be
configured in the Document Review System for the stated fee; 5) number of dictations and length
of individual dictations that may be configured in the Document Review System for the stated
fee; 6) number of licenses or subscriptions under an Account; 6) the application features and/or
system features a User may access under an Account.

2.20. Subscription or License – The means by which an Authorized User is allowed to access the
application. Each subscription or license will typically be associated with one Authorized User
under an Active Account in good standing; however, some Active Accounts may have multiple or
unlimited Active Users under one Subscription of License and the terms and conditions of such
usage will be defined in a separate User Agreement. Additionally, unless otherwise agreed to in
writing, every Authorized User must be specifically named within the Account for their
Subscription/License to be valid.

2.21. Term – Is the length or period of use authorized for each in exchange for an agreed upon
fee for service.

2.22. Selfie — Photograph taken by any mobile or desk-top device of the face of any End User or
Authorized User of the Application.

2.23. Transaction – Is any event whereby an electronic document is uploaded for review and
execution into the application.

2.24. User – Is any End User, Authorized User, Licensee, Subscriber or other individual that
lawfully and legitimately accesses the Application through any Authorized User’s Account.

2.25. User Agreement – Any agreement for services, including the basic information and set-up
Agreement, between SignaSure and any Authorized User that outline the term of service, the price
of the services, conditions and limitation of the service, the service plan and any other
information related to the mutually agreed use of the Application in exchange for some form of
consideration.

2.26. User Data – Is any data collected from either an End User or Authorized User related to
that user’s name, personal information, physical characteristics or identifiers, location, date
and time of usage.

2.27. Web-Site -

3. General Provisions and Use of Application.

3.1. Description of System/Application and Services – The SignaSure application and all
associated services hosted and/or provided by SignaSure is an electronic signature and
electronic document or electronic information transmittal, tracking, review, management
gathering and storage system through which electronic document and/or electronic information is
transmitted for review, signature or other specified action(s). The Application may also deploy
various authentication measures to verify a user’s identity and create an audit trail of the
entire transmittal, review, information gathering and/or eSigning process. To form the audit
trail the Application may electronically track, save, transmit and organize all events that
occur or are taken by any user within the Application from the time a document bundle is
uploaded into the Application to the time the Document Bundle is executed or other specified
action(s) taken. Original copies of executed documents, along with all authentications measures
deployed by the system and the full record of the audit trail, are organized and saved into the
SignaSure Certificate of Evidence for easy access and review by the any user authorized to have
access to the specified document and/or information.

3.2. Account Creation – No matter what type of account you choose (Free Personal, Free Business
Trial, Special Offer, Fee for Service Personal, Fee for Service Business, or Enterprise), to
create that account, unless otherwise agreed to in writing, SignaSure may require you to
provide, among other things, your name, email address, telephone number, account holder name,
name of other subscribers/licensees authorized to use the account, address, credit card
information, description of Authorized User’s regular intended business, and/or designate an
Account Administrator. Once the Account is established and set-up complete, the Account
Administrator will need to create unique username(s) and password(s) to access administrative
functions for the Account and also assign individual user names and passwords to other
non-administrative Subscribed and Licensed Authorized Users. Though the Authorized User
associated with any specific license/subscription may change during the term in which an Account
is active, only one Authorized User should be able to use any given license/subscription at any
given time and that person should be specifically listed as an Authorized User by an Account
Administrator.

3.3. Use of System – Any usage of the SignaSure application must be done solely for actions
related to the legitimate business of an Authorized User in conjunction with an active Account
in good standing. By accessing the application any User of any SignaSure systems, tools or
services agrees that usage is for a lawful purpose and any election to utilize electronic
signatures or transmit and/or gather electronic information is governed by the laws, policies
and regulations of the individual countries and regions in which the application is being used.
By accessing the Application, Users also agree to abide by the applicable laws, policies and
regulations of those individual counties and regions. Again, SignaSure is not a law firm and
should not be considered a substitute for a law firm or an attorney. SignaSure cannot provide
any kind of legal advice, explanations, options or recommendation about legal rights, the
contents of documents uploaded into the application or the consequences or remedies associated
with using the application or electronic signatures. All users further warrant, certify and
agree to the following:

3.3.1. They will rely on independent legal counsel to determine the legality and appropriateness
of utilizing an electronic signature, electronic information gathering or electronic transmittal
of information;

3.3.2. They will rely on independent legal counsel for the formation and approval of any
Dictation/Narrative uploaded into the Application and used to present a document or information
to an End Users or that uses the Application to direct an End User to take any other specified
action(S) in the Application;

3.3.3. They will rely on independent legal counsel to form and approve all documents, information
or requests uploaded into the application or waive their right to independent counsel if they
choose to utilize the services of an attorney when forming the relevant documents, putting the
relevant information together or making the specified requests;

3.3.4. They are eighteen (18) years of age or older and have the capacity and authorization
necessary to request the specified information through the Application, ask for specified
actions to be taken in the Application, transmit information through the Application or
initiate, review and/or sign a document transmitted by through the Application;

3.3.5. SignaSure is simply facilitating the review, collection and/or execution of documents
and/or information that a User decided to or agrees to have transmitted through the Application
and SignaSure has no control over or responsibility for the content, quality, format, legality
or appropriateness of any document, form, agreement, information request or presentation
uploaded, transmitted, reviewed or executed through the Application;

3.3.6. SignaSure is in no way responsible for any material, data, statements information,
documents, assertions or communications whether written, visual or audible routed through the
Application and SignaSure makes no warranties regarding the efficacy of any transactions any
User seeks to execute through the Application;

3.3.7. It is the sole obligation of any User to interpedently and thoroughly read, review and
understand the contents of any document, information or requests uploaded into the application
prior to providing any requested information, affixing an electronic signature of any type to a
specific document or taking any other requested action in the Application;

3.3.8. Nothing in this Agreement, any User Agreement, the SignaSure Application or any other
documents related to usage of the Application may be constructed to make SignaSure a party to
any contract, agreement, presentation or document transmitted, processed by or routed through
the application;

3.3.9. None of the Authentication Measures SignaSure makes available to users will be deployed
for any inappropriate or illegal purposes and SignaSure makes no warranties or promises about
the effectiveness of its available Authentications Measures in preventing fraud and verifying
identity;

3.3.10. It is a User’s sole responsibility to comply with all Export Control Laws of the United
States and other jurisdiction for all excluded data, documents, information, technology,
software or the like and User agrees to notify SignaSure if additional licenses or approvals are
needed for the User to lawfully utilize the Application in a particular jurisdiction;

3.3.11. The Application is web-based and it is a User’s obligation and responsibility to obtain
all equipment and web-connections necessary to access and use the Application;

3.3.12. It is a User’s sole responsibility to take independent steps to verify the identity of
any intended recipients of any documents, data or other information transmitted or processed by
the Application;

3.3.13. SignaSure assumes no responsibility for the inability or failure or any intended user to
comply with or meet the Authentications Measures and SignaSure accepts no responsibility for any
actions taken to circumvent, defeat or fraud its Authentication Measures;

3.3.14. SignaSure accepts no responsibility for the failure of any user or party to access,
review, electronically sign, execute or complete any document, agreement, presentation or
request within a specific period of time;

3.3.15. Unless otherwise specifically agreed to in writing, SignaSure is and will always act as
an independent contractor in the performance of any obligations under this Agreement, a User
Agreement or any other documents related to usage of the Application and nothing in those
documents or any aspect of usage of the Application will create any joint venture, partnership,
franchise agreement, parent/agent relationship or association between User and SignaSure;

3.3.16. User shall not assign any of its rights, responsibilities, duties or obligations under
these terms, any User Agreement or any other document related to usage of the Application to any
other individual, entity or organization without SignaSure’s express written permission and any
attempt towards that end will be immediately deemed null and void;

3.3.17. As long as SignaSure remains User’s point of contact, is the only contracting party and
is not totally relieved of any duty, obligation or responsibility under this Agreement, a User
Agreement or any other document related to usage of the Application, SignaSure may at its sole
discretion assign any rights, responsibilities, duties or obligations to any third-party or
sub-contractor;

3.3.18. SignaSure and third-parties may provide links to other resources and web-sites not
controlled by SignaSure or that third-party, and neither SignaSure or the third-party make any
warranties as to the quality, functionality or suitability of those links or any content on the
internet or web pages outside of our web-site, including any correspondence or advertising
content related to a User’s dealings or relationship with a third-party advertiser and/or
partner.

3.3.19. Some documents cannot be executed through electronic signature and it is a User’s sole
responsibility to determined which document cannot be legally executed through electronic
means;

3.3.20. Though SignaSure will store all executed documents for a period of five (5) years from
the date of execution, it is each User’s sole responsibility to arrange for the independent
storage of all executed documents for any time period beyond the 5 (five) year period as
prescribed by any applicable laws, regulations, policies or procedures.

3.4. Electronic Signatures (eSignatures) – If the Application is used as suggested and in
accordance with the provisions of all applicable laws, this Agreement and any other documents,
instructions or manuals related to usage of the Application, any documents transmitted and
executed through the Application will be sufficient to support the formation of a valid contract
between the contracting parties under the Electronic Signatures in Global Commerce Act, 15
U.S.C. §§ 7001 (THE ESign ACT) to the extent provided by that Act.

3.5. Consumer Protection – Certain laws afford specific protections to “Consumers” and may
require that a Consumer consent to the method of contracting, be provided with an actual paper
copy or at least access to a paper copy of any relevant documents and/or transaction history
related to their electronic signature of a document. The applicability of any Consumer
Protection laws or regulations as well as compliance with the provisions of those laws or
regulations is the sole responsibility of a User. Further, SignaSure accepts no responsibility
to determine when a transaction involves a Consumer and is not responsible for complying with
any special requirements related to any applicable consumer protection laws or regulations.

3.6. Applicable Laws –This Agreement, any User Agreement or other documents related to Usage of
the Application are governed by and subject to the laws of the State of Arizona and the United
States. By using the Application or accessing the SignaSure web-site, you agree to be subject to
the state and federal courts of Arizona and subject yourself any third-parties and End Users
that access or interact with the Application or web-site through your Account to the venue of
those jurisdictions. Further, any claim or disputed related to this agreement, any user
agreement, other associated document or usage of the Application or web-site, shall be subject
to binding arbitration in Maricopa County Arizona with judgment related to any arbitration award
enforceable in any court of competent jurisdiction. Arbitration awards will be considered final
and there shall be no right to appeal, except as provided Arizona law. However, any valid party
to the arbitration may seek the appropriate interim or preliminary injunctive relief from any
court of competent jurisdiction pending the completing of the arbitration process.

3.7. Notice – If notice is required under the terms of this Agreement or any other document
related to use of the Application, SignaSure may send such notice related to the relevant
Account to the primary email or listed business address associated with that Account.

3.8. Prohibited Acts - No User will:

3.8.1. Make any password used to access the Application and Account available to any third
parties not specifically authorized to use the Application through a valid license/subscription;
reverse engineer the application or any of its systems or tools; resell, lease or sub-license
any part of the Application or a license/subscription without the express prior written
permission of SignaSure;

3.8.2. Use or permit the SignaSure application to be used to convey unsolicited mass mailings
“spam” to third parties, including but not limited to all mass communications that fall under
the definition of “Commercial Electronic Mail” under the U.S. CAN-SPAM Act;

3.8.3. Use or permit the Application to be used in an illegal or inappropriate manner, that that
is intimidating, harassing, libelous, threatening or obscene and that could give rise to a
criminal or civil cause of action;

3.8.4. Use or permit the Application to be used to infringe upon the intellectual property rights
of any entity or person;

3.8.5. Use or permit the Application to be used in a manner that is prone to damage, overburden
or impair the proper functioning of the Application or interfere with other User’s ability to
properly access and make use of the Application;

3.8.6. Misrepresent document bundle volume of usage or eligibility for a specific Service Plan or
that is associated with a specific license/subscription;

3.9. Conversion – In the event that an employee or member of an entity or organization that
establishes an enterprise account with SignaSure has used an email address with a domain owned
by that entity or organization to establish their own Personal Account with SignaSure, that
individual must change the email associated with their individual personal account to avoid
having their individual Account tied to the relevant enterprise Account and
licence/subscription.

3.10. Storage – All Certificates of Evidence along with the associated documents executed through
usage of the SignaSure application will be cryptographically stored in SiganSure’s Remote
Document Vault for a period of five (5) years, unless a User specifically indicates and arranges
for a longer period of storage. Additionally, unless otherwise indicated by your User Agreement
or in another written agreement signed by User and SignaSure, storage amounts will be unlimited
as long as the storage amount of each individual User is not abusive or unduly burdensome as
determined solely by Signasure. As long as a User is in good financial standing as outlined in
this Agreement, a User Agreement or another written document signed by SignaSure and User, User
may access stored copies and save new copies of completed certificates of evidence, gathered
information or data, presentations, and documents or delete previously saved copies of the same
according to their sole discretion at any time during the applicable term of service. With
respect to unexecuted documents, presentations or requests for information or data, SignaSure
may delete documents and agreements without notice fifteen (15) days after their stated
completion date has lapsed without action when a specific completion date was assigned to the
document or agreement by User and no extension of that date was otherwise indicated. SignaSure
will also save any data related to transactions in our application for as long as it has a
legitimate business purpose to do so. However, SignaSure will not disclose or otherwise make any
transaction data available to any party unless it is legally obligated to do so in accordance
with an applicable law or court order. See the SignaSure Privacy Policy for more information on
stored transaction data.

3.11. Suspension – Though SignaSure will not actively monitor Users or the content of the
documents, forms, data, presentations or information imputed into or transmitted by the
Application, SignaSure reserves the right to suspend any User’s Account or remove content from
the Application when it has a good faith basis to believe a User or the content at issue
violates this Agreement, any other document related to usage of the Application or any other
applicable laws, regulations or policies. Unless otherwise prohibited by law, court order or a
need to protect the Application for an imminent threat, in the event a User’s Account is
suspended or content removed, SignaSure will take commercially reasonable steps to notify the
appropriate User prior to any suspension or removal.

4. Confidentiality

4.1. Disclosure – By using the SignaSure Application and Agreeing to the terms and conditions of
this Agreement, your User Agreement or any other document related to usage of the Aplication,
you warrant and certify that neither you or any of the subscribed Authorized Users that have
access to the Application through the Account you are using to access the Application will
disclose or otherwise divulged any confidential information (SignaSure’s intellectual property
and technology rights, trade secrets or other business, technical or operation information) made
available through usage of the Application. You also acknowledge that nothing in this Agreement
or any other Agreement related to your Account and usage of the Application gives you or any
other Authorized Users under your Account any title, right, ownership or interest in any
information deemed confidential. Any violation or threatened violation of this provision will
entitle SignaSure to pursue injunctive relief in addition to any other relief available at law
and/or in equity against you or the administrator(s) of the associated Account. In the event you
or any other Authorized User is required by law to disclose confidential information, notice of
the disclosure must be given to SignaSure before that disclosure is made to the appropriate
authority or entity.

5. Pricing, Payment Terms, Fees and Deposits

5.1. Pricing – Pricing is variable and based on the available features, number of
license/subscriptions and the Service Plan selected by an Account Administrator under the
relevant User Agreement. While some more uniform pricing models exist, all pricing may be
customized and special offers may be conveyed based on volume of use, type of use, number of
Authorized Users on each Account and the features selected.

5.2. Payment – All Authorized Users must pay the fees associated with their Account in accordance
with this Agreement, any User Agreement and/or Invoice. Invoices will be physically mailed
and/or electronically mailed as often as we choose but no less than once a year and no more than
once a month. The form of our invoices and details of our billing cycle and dates are subject to
change. Payment may be collected on a monthly basis, per usage basis, on an annual basis or any
other specified period depending on the Service Plan and Payment selected by an Authorized User
in the applicable User Agreement. By agreeing to a Services Plan and other terms of the User
Agreement, you authorize SignaSure or its agent to process a payment on your registered credit
card for the appropriate fee or through any other means agreed to by SignaSure and you. Each
time you use or cause our Application to be used in accordance with the terms of an executed
User Agreement, you affirm and reauthorize that we may charge your credit card the appropriate
fee associated with your Account and Payment or Service Plan contained within the relvant User
Agreement. Unless otherwise agreed to in writing, to establish and maintain an Account,
SignaSure must have valid, complete and accurate credit card information on file for that
Account. Further, unless otherwise agreed to in writing, if any credit card information changes,
you must notify us immediately of such change so that change can be reflected on your invoicing
and Account documents. If we or our Agents do not receive payment through the credit card on
file or another form on payment in a timely manner, the fees are still due and you agree to pay
them. Payment will be considered delinquent and this Agreement and any associated Accounts may
be terminated if outstanding fees associated with the Account are not paid in full (30)
thirty-days after coming due and/or (15) fifteen-days after receiving a notice of delinquency.
In the event that any outstanding fees are not collected upon the termination of an Account or
expiration of an Account’s term, those fees will be immediately due and payable. Any
discrepancies related to billing should be brought to SignaSure’s attention by you within (30)
thirty-days because after that period or you will have been deemed to have waived the right to
dispute the problem or issue. With respect to your rights and liabilities associated with the
credit card you keep on file with SignaSure, the agreement you have with the issuer of that
credit card governs usage of that card and you are solely responsible for all fees charged to
that card by the financial institution, cardholder or issuer. Unless otherwise agreed to in
writing by both SignaSure and you, the default currently for any monies owed under this
Agreement or any relevant User Agreement shall be in U.S. Dollars ($). The fee for any given
Service Plan or pricing model offered by SignaSure and accepted by you is subject to change and,
upon notice, SignaSure may move you to another Service Plan or pricing model with similar
features and volume of usage that has a higher fee. If you do not discontinue your
licnece/subscription and terminate your Account as required by this Agreement, when you are
moved to a Service Plan with a higher fee, you specifically agree and authorize SignaSure to
charge your credit card and/or Account in the amount necessary to pay for the fees associated
with the update Service Plan and/or pricing model. In the event a specific Service Plan or
pricing model is discontinued or revoked, SignaSure is under no obligation to make that Service
Plan and/or pricing model available beyond the applicable term.

5.3. Representations – By creating an Account and becoming an Authorized User, you assert and
promise not to misrepresent, hide or misconstrue your usage of the Application. Eligibility for
various Service Plans and pricing models is based on the representations related to value and
usage asserted by you. Any misrepresentation regarding volume of use, type of use or number of
Authorized Users may result in immediate termination of your entire Account and all
license/subscriptions and Service Plans associated with the Account. Typically the Service Plan
and/or pricing model contained within any User Agreement or other fee for services, free trial
of special offer will contain a volume limit. However, if no volume limited is stated and use is
“unlimited”, the licenses/subscriptions associated with such use is to be used only by one
Authorized Users at any given time. In any event, volume of use will always be based on the
number of documents processed through the Application by any specific Authorized User and
applied against the specified limit associated with that Authorized User’s license/subscription
that is issued under the relevant Account. Therefore, the volume of any Authorized User as part
of the relevant license/subscriptions will be monitored and tracked, even if use is “unlimited”.
Should SignaSure determine that the volume of use by any Authorized User or Subscription is
unreasonably high or unduly burdensome, SignaSure will alert said Authorized User and the
appropriate Account Administrator of the situation. A full audit of any relevant Account and
each license/subscription under that Account to determine whether their usage of the system is
reasonable and/or appropriate may follow. What constitutes reasonable and appropriate usage is
left to SignaSure’s full discretion and determination.

5.4. Taxes – Aside from federal and state income taxes levied against SignaSure by the
appropriate governmental entity, Authorized Users or Account Administrators will bear all taxes
resulting from their usage of the Application and any associated User Agreement, including but
not limited to these Terms of Use. Any taxes that are not SignaSure’s obligation to pay, shall
be immediately paid by the relevant Authorized User or Account Administrator.

5.5. Survival - The termination of your Service Plan, this Agreement or any other User Agreement
through which use of the Application is authorized, will not affect any other section of this
Agreement or any other User Agreement, including but not limited to sections of those Agreements
that relate to privacy, confidentiality, intellectual property, licensure, compliance,
limitation of liability, non-disclosure.

6. Warranties, Representations, Disclaimers, Indemnification and Limited Liability

6.1. General Warranties – SignaSure and any other individuals or entities that access the
Application assert and warrant that: 1) the Application will not be used to conduct any illegal
or illegitimate activities; 2) each has the legal right and authority to enter into the
Agreement; 3) usage of the Application of performance of the obligations of this Agreement will
not conflict with or breach any other agreement with a third party; 4) user names and passwords
for all Accounts will be kept confidential; 5) no usage of the Application will interfere with
another Authorized or End User’s ability to access and use the Application.

6.2. SignaSure Limited Warranties – SignaSure represents and warrants that: 1) we will deliver
the Application to all Users in accordance with the terms of this Agreement and/or any
associated Service Plan or User Agreement; 2) as of the beginning date of the Term of this
Agreement, we own and are the authorized licensee of the intellectual property associated with
the Application; 3) the Application and any other SignaSure products or services are free from
harmful code, viruses or other damaging features; 4) we have taken numerous steps and developed
safeguards to protect user information and confidentiality, protect against unauthorized usage
of the Application and ensure eContracts executed through usage of the Application are valid and
confidential. proper usage of the Application and full and valid execution of any associated
information or documents/agreements in accordance with applicable laws shall be sufficient under
the relevant laws support the valid formation of a legally binding contract or agreement under
the Electronic Signatures in Global and National Commerce Act, 15 U.S.C § 7001, et seq. (the
eSign Act);

6.3. DISCLAIMER OF WARRANTIES – EXCEPT FOR THE EXPRESS LIMITED WARRANTIES PROVIDED IN THIS
AGREEMENT AND TO THE MAXIMUM EXTENT PERMITTED BY LAW: 1) THE SERVICE/APPLICATION WILL BE
PROVIDED "AS IS" AND SIGNASURE MAKES NO OTHER REPRESENTATIONS OR WARRANTY OF ANY KIND, EXPRESS,
IMPLIED, STATUTORY, OPERATIONAL, OR OTHERWISE AS TO ANY ISSUE WHATSOEVER; 2) SIGNASURE
SPECIFICALLY EXCLUDES AND DISCLAIMS ALL OTHER EXPRESS, IMPLIED AND STATUTORY WARRANTIES
INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF PERFORMANCE, QUALITY, DATA INTEGRITY,
NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE AND TITLE; 3)
SIGNASURE DOES NOT REPRESENT OR WARRANT THAT THE SERVICE/APPLICATION WILL BE ERROR FREE, TIMELY,
ACCURATE, ACCESSIBLE, UNINTERRUPTED, AVAILABLE, SECURE AND COMPLETE; 4) SIGNASURE DOES NOT
WARRANT THE SUFFICENCY OF ANY TRANSMISSION FROM THE INTERNET OR CONNECTION THERE TO; 5) NO
AFFIRMATIONS OF FACT OR OTHER REPRESENTATION, INCLUDING, MARKETING LITERATURE OR STATEMENTS
REGARDING PERFORMANCE OF THE SERVICE/APPLICATION FROM SIGNASURE SHALL CONSTITUTE A WARRANTY OR
REPRESENTATION AND SHOULD NOT BE RELIED UPON; 6) SIGNASURE WILL ALSO ASSUMES NO LIABILITY FOR
ANY THIRD PARTY HARDWARE, FIRMWARE, SOFTWARE OR SERVICES; AND, 7) IT IS YOUR SOLE RESPONSIBILITY
OR THE RESPONSIBILITY OF ANY AUTHROIZED USER ASSOCIATED WITH AN ACCOUNTY TO VERIFY THE IDENTY OF
ALL END USERS, UPLOAD AND CONVEY LEGALLY SUFFICENT AGREEMENTS/CONTRACTS, USE THE
SYSTEM/APPLICATION IN ACCORDANCE WITH THE APPLICABLE LAWS, PROTECT SENSITIVE CONFIDENTIAL AND/OR
PROPRIETARY INFORMATION CONVEYED THROUGH THE SYSTEM/APPLICATION TO ANY THIRD PARTY SIGNASURE HAS
NO CONTROLL OVER.

6.4. LIMITATIONS ON LIABILITY - EXCEPT AS EXPRESSLY PROVIDED BY IN THIS AGREEMENT, TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SIGNASURE OR ANY SUBCONTRACTORS, LICENSORS,
AFFILIATES, SUPPLIERS, AND/OR DISTRIBUTORS WILL HAVE ANY LIABILITY TO YOU, ANY OTHER USER OR ANY
OTHER PERSON OR ENTITY FOR INDIRECT, INCIDENTAL, RELIANCE, PUNITIVE, SPECIAL, EXEMPLARY OR
CONSEQUENTIAL DAMAGES ARISING FROM USE OF THE SYSTEM/APPLICATION OR ANY TRANSACTIONS
CONTEMPLATED UNDER THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE OR PROFIT,
DAMAGE TO OR LOSS OF DATA, BUSINESS INTERRUPTION, REPLACEMENT OR RECOVERY COSTS, OR OTHER
COMMERCIAL OR ECONOMIC LOSS, WHETHER ARISING FROM CONTRACT, EQUITY, TORT OR ANY OTHER THEORY OF
LIABILITY, EVEN IF SIGNASURE OR ANY OF ITS SUBCONTRACTORS, LICENSORS, AFFILIATES, SUPPLIERS,
AND/OR DISTRIBUTORS WAS AWARE OF THE LIKLEHOOD OF SUCH DAMAGES, OR THEY WERE IN ANY WAY
FORESEEABLE. FURTHER, BY AGREEING TO THE PROVISIONS OF THIS AGREEMENT OR YOUR USER AGREEMENT AND
ANY OTHER ASSOCIATED DOCUMENTS, YOU ASSERT THAT ANY DISCLAIMER, WARRANY, EXCLUSION ON DAMAGES OR
LIMITATION ON LIABILITY IS AN ALLOCATION OF RISK THAT YOU ARE WILLING TO ACCEPT TO USE
SIGNASURES SYSTEM/APPLICATION. IN THE EVENT A CLAIM IS FILED AGAINST SIGNASURE, UNDER NO
CIRCUMSTANCE SHALL SIGNASURE’S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO US
FOR THE SERVICE IN THE SIX MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RIGHT TO THE
CLAIM.

6.5. Indemnifications – You agree and assert that you will indemnify, defend and hold SignaSure,
our officers, employees, directors, suppliers, consultants, agents, subcontractors, licensors,
affiliates and distributors harmless from and against any and all liability, third-party claims,
costs and/or damages (including attorney’s fees) arising out of or in connection with: 1) your
violation or breach of the provisions of this Agreement; 2) your or any usage of the Application
in connection with your Account, including but not limited to usage by End Users and/or a
third-party; 3) your violation of any third-party; 4) your or any infringement of any
intellectual property, confidentiality or other right or any person or entity in connection with
your Account; 5) the nature and sufficiency of any and all materials, data, documents, works,
statements, graphics or other written, visual or audible communications submitted by you or
anyone else in connection with your Account.

7. Term, Termination and Renewal

7.1. Term – This Agreement and your Account become active on the date you execute a User
Agreement and/or active an Account and continue for the term outlined in your User Agreement
and/or Service Plan, subject to early termination.

7.2. Termination - At any time during the Term of your Account and for any reason you may,
terminate the Account upon thirty (30) days written notice to SignaSure. The notice must comply
with the other notice requirements as outlined in this Agreement and must include a short
statement that describes why you are choosing to terminate your Account. In the event you
terminate your account, you will be billed through the end of the billing cycle in which the
termination occurs and any unpaid fees or taxes will be due immediately upon the effective date
of the termination. Should you terminate your Account within the first thirty (30) days of your
Term, you may request a full refund, lest any set-up fees, from SignaSure. SignaSure may
terminate or suspend your Account in our sole discretion if we feel continued usage represents a
threat to the security of other users or the Application itself. We may also terminate your
Account and hold you in default of this Agreement should you: 1) Violate any provisions of this
Agreement, your User Agreement or any other applicable written document associated with your
Account; 2) Fail to pay any amount owed to SignaSure or our affiliates that appear on your
invoice or are still owed under a previous account or term. If we terminate your Account, we may
do so without notice, may choose to withhold any refunds and may access a reactivation fee to
reactivate your Account after the initial termination. In the event we terminate your Account,
any outstanding fees and taxes will be immediately due. All sections of this Agreement, sections
of your Service Plan and/or sections of your User Agreement, including definitions, payment and
fees, confidentiality, intellectual property, limitation of liability, privacy, content
monitoring, proper usage and all other general provisions, that by their nature survive any
termination or expiration of an Account will be affected by the termination or expiration of
your Account.

7.3. Renewal - Your account will automatically renew at the end of every term for another term
that is either of the same length as the previous term, on a month-to-month term or any other
term specified in any User Agreement, unless you terminate your account prior to the end of the
active term or provide Signasure notice that you do not wish for the term to renew. Upon auto
renewal, you will receive the same Service Plan or the Service Plan that is the most similar to
your initial Service Plan if the initial Service Plan has been cancelled, modified or replaced
by a new Service Plan, as you were receiving under the previous term and be subject to the same
Pricing associated with that Service Plan. In the event of an auto renewal, you authorize
SignaSure, without notice to you, to collect any applicable fees and taxes associated with the
Service Plan for your new term. In the event you renew your Account for another term but
specifically switch to a different Service Plan, you will be subject to the fees and taxes
associated with the Service Plan you select or that are outlined in any updated User Agreement
you execute with SignaSure.

7.4. Transition – Upon termination or expiration of any Account or licenses/subscriptions
authorized under that Account, SignaSure will take commercially reasonable steps to preserve and
transition any User data to the Account Administrator of said Account within a (30) thirty-day
period. After the (30) thirty-day transition period, SignaSure reserves the right to delete any
information or data files associated with the terminated or expired account.

8. Intellectual Property

8.1. Ownership – SignaSure owns the Application, service, web-site and any intellectual property
and technology used to operate the Application, service or web-site and/or deliver Account
Services in accordance with this Agreement or any relevant User Agreement, including but not
limited to any patents, trademarks, trade secrets or copy rights. Authorized Users own all the
information and/or documents passed or transmitted between said Authorized Users and End Users
including all rights and interest in user data, documents and personal information. No
Authorized User or any other usage that occur in connection with any Account will result in the
modification, replication, translation, reverse engineering, disassembly, duplication or other
investigation of the source code of the SignaSure Application or System. SignaSure also does not
transfer to any Account Administrator, Authorized User or other User that accesses the
Application, any intellectual property or technology rights related to SignaSur’s
Application/System and those rights remain exclusively with SignaSure.

9. Privacy Policy and Information Security - Click to access the full Privacy Policy

9.1. Privacy – The SignaSure Application and its systems will, at the request of an Authorized
User and/or Subscriber, deploy numerous Identity Authentication Measures and methods of delivery
or transmittal (SMS, Text, Email) that will request and collect personal information, including
but not limited to, photographs of Users, physical identifiers of Users (hair color, height and
weight) and information found on a User’s driver’s license (legal name, address, license number,
date of birth), and other personal and biometric information of User’s (utility bill, birth
certificate, social security number, voice confirmation, security questions, knowledge based
questions, email, phone number, IP address, geographic location). The application and its
systems will also collect information related to the review and/or signing of any document,
form, manual or other communication (visual, written or auditory) conveyed through the
Application, which will form the Audit Trail of any review and/or signing. The Application will
them store all the information it and its systems have collected in a cryptographically secure
manner on third-party host server. Though all information collected and stored by the
Application and its systems may be accessed by the relevant End User, Authorized User and
Subscribers associated with the Authorized User’s Account, the information will not be used for
any purpose unrelated to usage of the Application and will not be sold or in any way conveyed to
a third-party, unless requested as part of a valid court order, by SignaSure or any of its
officers, employees, directors, suppliers, consultants, agents, subcontractors, licensors,
affiliates or distributors. Though SignaSure will always follow, the above stated privacy
policy, SignaSure cannot control and is not responsible for how any End User, Authorized User
and Subscribers associated with the Authorized User’s Account store or control the information
collected by the Application and its Systems.

9.2. Information Security - Any personal information, data, document, communications (visual,
written or audible) or other information collected by or conveyed through the Application and/or
Systems, will be cryptographically stored on a secure third-party server by SignaSure. The only
persons or entities that will be able to access said information will be the relevant End User,
the relevant Authorized Users or Relevant Subscribers with the ability to access the Application
through a valid Account with a valid username and password.

10. Support

10.1. SignaSure will provide technical and educational support to all Users in accordance with
this Agreement and their Service Plan, User Agreement or any other written document that
outlines the details of their Subscription, Service Plan and/or Account in writing. Such support
may consist of technical assistance via telephone or assistance necessary to address issues
related to authorized usage of the Application.