Legal details

Terms and conditions

General

By accessing, registering and using Sigsync Service (the "Service") offered by Shifttocloud Inc. ("we", "us" or "our"). you ("you" and "your") agree to be bound by the terms and provision of this agreement. Any participation in this service will constitute acceptance of this agreement. This site and its components are offered for informational purposes only this site shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

The company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our web page on our site. Some applications of the Service may implement open source code released under the GNU General Public License ("GPL"). Please carefully read the GPL as well as our Service Level Agreement and Privacy Policy, which are incorporated into these Terms.

If you are registering for the Service on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

Notice to user:

This End User License Agreement (EULA) is a CONTRACT between you (either an individual or an entity, hereinafter referred to as "Customer" or User or Users or simply "You") and Sigsync which covers your use of the Sigsync service that accompanies this EULA and related to Website, which may include associated media, printed materials, and 'online' or electronic documentation. All such service and materials are referred to herein as "Service". Throughout this EULA, Sigsync service (the "Service") offered by Shifttocloud Inc. ("we", "us" or "our"). A Service license, issued to a designated user only by Sigsync or its authorized agents, is required for each user of the Service. By explicitly accepting this EULA, however, or by registering, copying, accessing, or otherwise using the Service and/or Service License, you are acknowledging and agreeing to be bound by the following terms.

The following are the terms that the Services we provide are based on:

• we provide free licenses of our service
• we provide commercial licenses of our service
• we provide technical support for the services that you choose to purchase from us
• The services provided by us are through our website: www.sigsync.com and other associated subdomains
• The EULA or End user license agreement defines clearly the scope, duration and the way in which we grant the free or commercial licenses as well as the conditions that apply. All these documents are available on our website.

Grant of non-exclusive license

(a) Service License. The Service License, which is issued to a designated user, enables such designated users to use. You may not modify or create derivative copies of the website.

(b) Grant of License. Subject to a validly issued Service License, Sigsync grants to You the non-exclusive, non-transferable right for You to use the Service with valid license. All rights not expressly granted to You are retained by Sigsync.

(c) Our Services are not for sale. We only grant licenses for using it.

(d) Our services, irrespective of the license, are available only through our website and not by any other physical means. Depending on the type of service that you choose to purchase from us, you may also be asked to make an account using our website to be able to access our services. You can login to our website and access the service directly through our website.

(e) You are expected to understand well our terms and conditions as well as privacy policy when using the free license for our services. The Free license for our services is also bound by our License agreement terms.

Intellectual property rights reserved by Sigsync

The Website is protected by U.S. and international copyright laws and treaties, as well as other intellectual property laws and treaties. You must not remove, alter, or obscure any copyright notices on any copies of the website unless authorized by Sigsync. This service is licensed, not sold. Furthermore, this EULA does not grant You any rights in connection with any trademarks or service marks of Sigsync. Sigsync reserves all intellectual property rights, including copyrights and trademark rights.

Sigsync is not responsible for third party websites linked from our website

If our Site contains links to other Sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those Sites or resources. The content may change over time and we are not liable to changes.

Ownership

This license provides You with limited rights to use the Service. Sigsync retains all ownership, rights, title and interest in, to and of the service. All rights not specifically granted in this license, including domestic and international copyrights, are reserved by Sigsync.

You may not rent, lease, lend, sub-lease, or transfer any rights in this EULA or the Service to third parties without written approval from Sigsync and subject to written agreement by the recipient of the terms of this EULA. Our Service is offered with a time based license (“Subscription”). The type of the license and its duration is specified during purchase on the website page. After the lapse of the license period, you will be charged based on your usage of that time based license to renew a license in accordance with the License Agreement and the price shown during purchase. Our Service will usually automatically notify you of the need to buy or extend the license or stop using the software before the expiry of the license term. You must not use our Service after the license term expires.

Prohibition on reverse engineering

You may not reverse engineer, defeat license mechanisms, the service or Service License except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation.

Updates / Upgrades

The free license entitles you to be able to use the updates we provide for the specific free service. Since, the service that is accessed by you is through our website, the updates are done automatically by us.

There can be upgrades that are not free of charge and may require you to make payments in accordance with the price of the service in question.

This EULA applies to updates, supplements, add-on components of the website that Sigsync may provide to you or make available to you after the date you obtain your Sigsync license, unless we provide other terms along with the update, supplement, add-on component.

Sigsync reserves the right to discontinue any add-on components provided to you or made available to you through the use of Sigsync website.

Demo versions

Some of our services may be available as demo or trial versions. These can be accessed without purchasing licenses just by registering on our website for free of charge. The trial version will enable you to test out the service and all its features with certain limitations. The type of these limitations may vary depending on the service that you have chosen.

You must agree to the terms and conditions to be able to use the trial version of our services. The trial version of the service might need to be downloaded from our website or directly accessed through the website. You may also be asked to create an account on our website for accessing the trial version.

The license of the trial version is bound by the License Agreement. You will be required to purchase the license in accordance with the price listed on the website to remove the limitations of the trial version.

The service will automatically prompt you if and when you hit the trial limitation. The decision to relax trial limitations, by granting temporary licenses, at the request of our enterprise customers to enable more thorough testing will remain our own sole discretion. We are not responsible for any outages or consequences such as email being rejected due to non payment after the end of trial period. You should make sure you have removed connectors if your trial period has ended. We will inform you about trial end, but we are not responsible if the emails are not received due to network error or any other reasons.

You may be offered a free of charge at the start of your membership of the Services, solely at the discretion of the Company. The duration and the terms of the free of charge will be for a limited time period. Shall be at the discretion of the Company and shall be intimated to you regarding the billing cycle. Billing may commence in future with prior notice to you, as per the subscription plan / license chosen by you, unless you cancel your membership. It is hence recommended that you keep track of your account.

Emails

When using any of our services through our website, we may have to communicate with you using email.

Our emails and any form of attachments they contain can have information that is confidential and is intended to be seen only by the particular recipient or recipients for whom the email is meant for.

In case you are not the intended recipient of an email from us or it is reasonably obvious that the email is not intended for you, please note that any distribution, disclosure or other use of the content within is legally prohibited and hence will be deemed unlawful.

In such scenarios, it is advised that you notify the sender immediately and take steps to ensure that the original email copy along with all enclosed attachments are deleted without any copies of the same being made.

Email liability

There can be no guarantee that the email transmission remains secure and error free for several reasons - for instance, information can get delayed, lost, corrupted, contain malicious software such as viruses or even get destroyed.

Support

You are entitled to obtain technical support related to our services. You are eligible for support, once you have purchased a license for our service through an account created on our website.

The support is provided to:

• those who have purchased the license in their name, or
• those who have been authorized to act on behalf of a customer’s organization
• those who has purchased the license on behalf of an organization
• We can refuse support under circumstances where you are not able to substantiate yourself as being authorized to use these services (e.g. by providing valid account information that you registered with us).

The support is limited to the realm of use of our services. In the case of trial version, we will answer your queries regarding the capabilities/features of our service and even help you resolve technical issues that are brought to our knowledge during the use of our service.

We try our best to resolve all the issues as soon as possible, however, it may not be possible to guarantee full resolution of issues and complete satisfaction in each and every case. In particular, we do not guarantee that the Technical support we provide will always be able to eliminate all the unexpected behaviour/inconsistencies or errors that may be encountered during the use of our services.

We also provide support services through email and in real-time via live chat session. The contact form on our website has all the necessary details to avail support via email. The Live chat window can be directly accessed through our website and is available round the clock in principle. Support via phone will entail standard network rates for all calls made to our contact numbers.

We reserve the right to choose the means and methods by which we shall provide support to you. You cannot demand any other means or methods other than the ones recommended by us, depending on the issue at hand, for obtaining support.

Once you have decided to contact us with an issue, the same will be taken up by us as soon as possible. We do not impose any restrictions on the number of times you can contact us, therefore you can contact us with another issue if need be. We will stay in touch until the problem is solved or explain to you why it cannot be solved. We cannot guarantee any time frame for the resolution of your issue.

It is your responsibility to hide any sensitive or personal information when you share your system information or logs with us for obtaining support. The best course of action would be to inform the people whose personal data may be contained in these logs or accessible during live support sessions and take their consent. To know more on how we treat such information and use logs, you can read our privacy policy.

Sigsync may provide You with support services related to the Sigsync website. Use of any such support services is governed by the Sigsync and/or Sigsync policies and website described in 'online' documentation and/or other materials provided by Sigsync. Use of any such support services and/or any supplemental service code or related materials that Sigsync provides to You as part of the support services is to be considered part of the Service and is subject to the terms and conditions of this EULA.

With respect to any technical information You provide to Sigsync as part of the support services, we may use such information for our business purposes without restriction, including for service support, marketing, development and/or any other purpose as deemed reasonable by Sigsync. Sigsync will not use such technical information in a form that personally identifies you.

Sigsync reserves the right to charge You for any and all support requests that Sigsync and/or its authorized agents deem to be excessive or a misuse of the support services provided to You under this EULA. Sigsync and its authorized agents will be the sole judge in what is deemed an excessive or a misuse of the support services, and any and all associated charges and fees.

Abuse and/or threatening behaviour towards any Sigsync employees and/or authorized agents during the course of any support services provided to You by Sigsync will not be tolerated and Sigsync reserves the right to terminate this EULA under clause fifteen (15) below.

Buying license:

You can place orders for the service directly from our website. Orders can also be placed for any number of licenses for our services through our website. You may order a selected type of service license in accordance with the price list that is displayed. You can contact us for any order related assistance before placing the order itself.

To place an order, you will have to fill in the forms to create an account on our website. You can choose the service and the type of license you wish to purchase in the order form. You are solely responsible for the accuracy of the information that you provide in the order form.

By placing your order, you agree to abide by the terms and conditions that apply to the particular license of our service that you have chosen to purchase.

The details of your order will be sent to the email address provided by you. You can access your account on our website using the credentials provided by you during the sign up for further information. You will be able to start using our service immediately after the purchase has been made.

We reserve the right to terminate or suspend the usage of any of our services in the event of non-payment of dues, if any.

In case of non-payment of your previous order, we can suspend any further orders that you make with us, till we receive the payment due for the former.

Some of our services may have an auto subscription renewal model. What this means is that you will be prompted to give payments details and agree to the terms during the first time only. The renewal of such subscriptions will happen automatically without asking for any consent unless you change or cancel the subscription prior to its renewal.

Lifecycle policy

Sigsync determines, at its sole discretion, when a Sigsync version will be designated 'End of Life' and when the 'End of Life' date will be. When a Sigsync version reaches its 'End of Life', support, updates and fixes will no longer be provided for that version. This does not affect any written obligations where Sigsync has previously agreed to support a version for a specific period of time.

Sigsync will make reasonable efforts to provide 'End of Life' announcements at least one year in advance in the form of email and/or by Sigsync posting notifications on the Sigsync website.

Our service warranty

These Terms exclude our liability under an implied warranty for defects. These Terms exclude our contractual liability, to the full extent, for any damage resulting from failure to perform the agreement or improper performance thereof, except for liability for any damage caused intentionally. YOUR ACCOUNT AND THE SERVICE IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. Under no circumstances should we be liable for any interruption, delay or failure in performance of our obligations arising out of these Terms due to causes beyond our reasonable control. Under no circumstances should we be liable for any interruption, delay or failure in performance of our obligations arising out of these Terms due to causes beyond our reasonable control.

Causes should include but not be limited to: fire, chemical contamination or contamination by radioactive, electromagnetic or ionizing radiation, earthquakes, lightning, cyclones, hurricanes, floods, droughts or such other extreme weather or environmental conditions which due to their excessive character or atypical geographical occurrence were impossible to predict or prepare for pressure waves from devices traveling at supersonic speeds or damage caused by any aircraft or similar device war, invasion, terrorism (including cyberterrorism), blockade, embargo, riot, public disorder, violent demonstrations, insurrection, rebellion, civil commotion and sabotage to the extent that they are politically motivated: strikes, lockouts, work stoppage, labor disputes, and such other industrial action by workers acts or omissions of civil or military authorities as well as regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of the Services) fuel or energy shortage, network failures, interruptions and disruptions in the proper functioning of external telecommunication connections and equipment, acts or omissions of Internet traffic carriers, as well as inability to obtain equipment, supplies or utilities necessary to provide the Services from primary and backup sources the activity of hackers, viruses, and malware causing network disruptions at the local, national or global level.

We may suspend or withdraw our site

Our Site is made available free of charge. We do not guarantee that our Site or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

How customer data is handled and scope of its usage

Data encompasses the following categories of personal data: names, email addresses, company contact details and job titles of people who have accounts in your Office 365 tenant. These people are those who will be concerned by this agreement. You acknowledge and agree that we may use Microsoft Corporation and its services to provide services to you.

We will not create copies or duplicates of any data without your knowledge, except for backup copies concerning the following types of data: All Sigsync Dashboard settings and configuration details and templates. Customer Data (i.e. some Azure Active Directory user attributes and group memberships of people who have accounts in your Office 365 tenant. These backup copies are necessary to ensure smooth functioning of services. All backup copies are automatically created by Sigsync service and stored with encryption in a geolocation that you chose when associating your Office 365 tenant with Sigsync. We will not use these backup copies outside of Sigsync environment or for any other purposes than those specified. We will not create backup copies of any other types of data than those specified.

We acknowledge and agree that Customer Emails in some cases may contain information that should reasonably be understood to be proprietary or confidential information of the Customer. We will undertake all reasonable organizational, technical and administrative steps to prevent Customer Emails from being disclosed to any unauthorized person. Because we do not record, store, backup, register or physically access the content of Customer Emails. We will not disclose it to any third parties. We acknowledge and agree that Customer Data in some cases may contain information that should reasonably be understood to be proprietary or confidential information of the Customer. We will undertake all reasonable organizational, technical and administrative steps to prevent Customer Data from being disclosed to any unauthorized person. We will not disclose Customer Data to law enforcement unless required by law. If law enforcement contacts us with a request for Customer Data, we will attempt to redirect the law enforcement agency directly to you. If compelled to disclose Customer Data to law enforcement, we will promptly notify you and provide a copy of the demand unless we are legally prohibited from doing so.

Personal data processing

You, as the Administrator, acknowledge and understand that:

Making use of Sigsync requires that some Azure Active Directory user attributes and group memberships of people who have accounts in your Office 365 tenant (“Customer Data”) are associated with Sigsync.

Making use of Sigsync service requires that emails sent from your Office 365 tenant (“Customer Emails”) are relayed through Sigsync servers

By confirming that you have read and understood these Terms you will enter into a Data Processing Agreement with us. You will receive a pre-signed copy of these Terms along with your order confirmation to the email address that you have provided to us in the order form.

These Terms along with your use and configuration of Sigsync are your complete and final instructions to us for the processing of Customer Data.

We will immediately inform you, if in our opinion your instructions may infringe the GDPR or other data protection laws. Customer Data was and will be obtained in accordance with applicable laws, including the GDPR and that all required consents (if necessary) from people whose personal data are processed using Sigsync were collected and all information duties fulfilled.

We will only process Customer Data and relay Customer Emails through Sigsync servers to make it possible for you to make use of Sigsync Signatures service for Office 365, solely on the basis and under the conditions specified in these Terms and applicable provisions of law. We will not record, store, backup, register or physically access the content of Customer Emails.

We will help you fulfill your duty to respond to the requests of data, particularly in relation to the right to be forgotten, the right to data portability, the right to restriction of data processing or the right to object to data processing provided that you inform us immediately of any requests from data subjects that require our assistance. In any event, you should inform us of any requests that you received no later than 3 (three) business days from its receipt. We have the right to refuse your request if it is forwarded to us later than 3 (three) business days from its receipt by you and if the request is too difficult or impossible to fulfill. A request may be difficult or impossible to fulfill especially when it is too complex, evidently unjustified, excessive or impossible to fulfill because of technical limitations. We will confirm the receipt of your request within 3 (three) business days from its receipt. Within the next 3 (three) business days we will let you know if we are able to assist you and we will inform you of the expected deadline to fulfill your request. In any event, the deadline may not be shorter than 2 (two) weeks. If we receive a request from your data subject to exercise one or more of its rights under the GDPR, we will redirect the data subject to make its request directly to you.

You acknowledge and understand that we will start the processing of Customer Data after your Office 365 tenant is associated with Sigsync. We will process personal data that you entrust to us for the duration of your license. If your license is terminated or expires, we will erase Customer Data from Sigsync within 180 days after you cancel your subscription with us, unless the law requires that this data is processed for a longer period. After termination or expiration of your license, we will not perform any operations on Customer Data, except for storing it within Sigsync, unless we are required to do otherwise by law.

Security

We undertake to protect Customer Data from unauthorized access, unauthorized removal, damage or destruction and we will take all necessary steps to keep personal data confidential and to protect it in accordance with the provisions of the GDPR. We declare that all our employees who are authorized to process personal data are bound by confidentiality and undergo regular training regarding data protection provisions relevant to their work. We regularly monitor all internal processes and the technical and organizational measures to ensure that processing is in accordance with the requirements of applicable data protection laws and the protection of the rights of the data laws. We are entitled to implement alternative, suitable measures than those described in this section and when technical advances and developments occur. Such measures must not fall below the security level of those described above. We will provide you with an up-to-date version if we implement changes.

Data breach

We will notify you without undue delay after becoming aware of a personal data breach. Such notice will, at a minimum: describe the nature of the personal data breach including where possible, the categories and approximate number of data concerned and the categories and approximate number of personal records concerned. We will provide the name and contact if more information can be obtained, describe the likely consequences of the personal data breach and describe the measures taken or proposed to be taken by you to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.

Auditing data

If you need any additional information regarding how we process and protect Customer Data and fulfill obligations arising out of the GDPR you can contact us at any time using https://www.sigsync.com/support.html. You can also verify security measures implemented by Microsoft Corporation and its affiliates by referencing to their Online Services Terms. Sigsync has implemented the Information Security Management System certified against international standards ISO/IEC 27001.

To confirm the compliance with ISO/IEC 27001, we conduct the audit once a year. We will resolve any audit findings immediately in a way that is satisfactory for the certifying agencies in order to stay compliant with ISO/IEC 27001. On your demand, we will provide you with proof that Sigsync holds the ISO/IEC 27001certificate. If you need any additional information, we will share with you the results from the recent ISO/IEC 27001 audits carried out in Sigsync to help you verify how we fulfill our obligations regarding the information security arising from these Terms. The report will be restricted by the distribution and confidentiality limitations imposed by the certifying entity. You might be asked to sign an additional Non-Disclosure Agreement before we share the report with you.

Exclusions and limitations

We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with use of, or inability to use, our Site or use of or reliance on any content displayed on our Site. In particular, we will not be liable for loss of profits, sales, business, or revenue, business interruption, loss of anticipated savings, loss of business opportunity, goodwill or reputation or any indirect or consequential loss or damage.

Measures Sigsync has taken regarding security

Employee Training: We conduct regular training sessions for our personnel on data protection rules and personnel roles within our Compliance Program. We also inform our personnel about possible consequences of non-compliance. These training sessions are conducted using anonymized data.

Access Control: We maintain a record of personnel authorized to access our facilities and information systems. We have implemented a system of controls to make sure that no one can stop working for our organization without having their authentication credentials deactivated and all access rights revoked. Additionally, we conduct regular audits to make sure that authentication credentials that have not been used are deactivated. De-activated or expired identifiers are not granted to other or new members of our personnel. We maintain industry standard procedures to deactivate passwords that have been corrupted or inadvertently disclosed. Only a small, selected group of personnel may grant, alter or cancel access privileges to our facilities and information systems. The scope of access rights granted to our personnel is limited strictly to assets necessary to perform their functions.

Authentication: We use industry accepted solutions, such as multifactor authentication, to identify and authenticate users who access our IT systems. Passwords are renewed regularly and must comply with minimum requirements imposed by our security policies. We use various best practices designed to maintain the confidentiality and integrity of passwords when they are assigned, distributed and stored. We monitor our information systems against all attempts of unauthorized access and use of expired or invalid credentials.

We have anti-malware controls in place to help avoid malicious entities gaining unauthorized access to Customer data and our information systems, including malicious software originating from public networks. We maintain a record of security incidents which include the date and time of the incident, the consequences of the breach and measures implemented to avoid similar situations in the future. We verify and monitor logs against irregularities and suspicious activity.

Billing

Automatic renewal - subscription plans

In exchange for use of the Services, you authorize a recurring monthly or annual charge to your credit card. The recurring charge will be at the published subscription plan that is chosen at the time of purchase or to a customized quote provided for your specific use. You also agree that the enrollment for the next service period is automatic and paid in advance.

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

Please note that we may automatically receive updated credit card information from our merchants from time to time in cases where your account is issued a new card number or your credit card expires. However, we still advise you to update your card manually from your subscription page under each tenant when changes to your card information occur. We need a credit card while the subscription is active.

If we are unable to execute any applicable charges due to credit card denial or for any other reason, you will be notified via email. In case of non-action by the user, the account may be cancelled. We may delay Account cancellation related to non-payment for the Services and provide a grace period of up to seven (7) days from the due date to allow for the customer to arrange payment.

We will inform you about billing, but we are not responsible if the emails are not received due to network error or any other reasons.

Non payment

We are not responsible for any outages or consequences such as email being rejected due to non payment after the grace period. You should make sure you have paid the subscription within due time or added new credit card if your existing credit card was denied. Otherwise, remove connectors if you are unable to pay before the grace period ends to avoid emails being rejected. We will inform you about payment failure, but we are not responsible if the emails are not received due to network error or any other reasons.

VAT charges

Our prices do not include VAT which is chargeable at 20% in the United States of America. When a user in an EC country, other than the UK, provides a valid VAT number than the ‘Total Exc. VAT’ applies.

Cancellation and refunds

You must cancel your Account before it renews each month or year in order to avoid a charge for the next month's or year's fees to your credit card. In case of a subscription cancellation before subscription end, We shall refund you on a pro rata basis any subscription charges you have paid in advance (for the relevant cancelled subscription) which relate to any unexpired part of the subscription period at the date of cancellation. You will still be responsible for any fees or other charges incurred by you until the cancellation of your rights in relation to the relevant subscription Service.

Overuse - paid subscription

Subscriptions are allowed to use more license beyond the purchased license limit. This is designed to allow emails to route with Sigsync servers that you directed using Connectors configuration. In case the usage exceeds the purchased license, there will be an overuse charge at the rate of $0.5/license/month or year based on your subscription plan (billing cycle). While it is not necessary, we encourage users to upgrade subscription to higher license count if their usage exceeds the purchased license count for their subscription plan to avoid the overuse charges.

Complaints

You Register complaints regarding our services, refund, return by completing support form online which is available here.

We will consider your complaint within 10 days of its receipt. We will notify you of how the complaint was handled by sending an email to the address indicated in the support form.

If you purchased and paid for our service and did not receive an email containing information necessary to start using our Services or an invoice within the time provided in the Terms, we will immediately send the relevant correspondence again once you notify us.

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by United States of America law. We both agree to the exclusive jurisdiction of the courts of the United States of America.