These Terms constitute a legally binding agreement between you ("User," "you," or "your") and OnBlick Inc. ("OnBlick," "we," "us," or "our"), the provider of the eSignRight electronic signature platform and related services (collectively, the "Service").
By accessing, browsing, registering for, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and any other policies or guidelines referenced herein. If you do not agree to these Terms, you may not access or use the Service.
By creating an account, clicking "I Agree," or otherwise using the Service, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into this agreement. If you are accessing or using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, in which case "you" or "your" shall refer to such entity.
To access most features of the Service, you must register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are solely responsible for maintaining the confidentiality of your Account login credentials (username and password) and for all activities that occur under your Account. You agree to notify us immediately of any unauthorized use of your Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this section.
Each Account is intended for use by a single individual. Sharing Account access with multiple individuals is prohibited unless explicitly permitted by your subscription plan.
Subject to your compliance with these Terms, OnBlick grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business or personal purposes, as permitted by the features of your subscription plan.
You agree to use the Service only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of the Service by, any third party. You agree not to use the Service for any purpose that is prohibited by these Terms or by applicable law.
You agree not to: * Upload, post, transmit, or otherwise make available any Document or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. * Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity. * Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service. * Upload, post, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships. * Upload, post, transmit, or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party. * Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation. * Upload, post, transmit, or otherwise make available any material that contains software viruses, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment. * Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service. * Attempt to gain unauthorized access to the Service, other Accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means. * Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code or underlying ideas or algorithms of the Service. * Modify, adapt, translate, or create derivative works based on the Service. * Use the Service in any manner that could damage, disable, overburden, or impair any OnBlick server, or the network(s) connected to any OnBlick server, or interfere with any other party's use and enjoyment of the Service. * Use the Service for any high-risk activities where the failure of the Service could lead to death, personal injury, or environmental damage.
You acknowledge and agree that Electronic Signatures executed through the Service are legally binding and enforceable to the same extent as handwritten signatures, subject to applicable laws and regulations (e.g., ESIGN Act in the U.S., eIDAS Regulation in the EU, and other relevant national laws).
You are solely responsible for the content, legality, and accuracy of the Documents you upload, send, or sign through the Service. OnBlick does not review the content of your Documents. You represent and warrant that you have all necessary rights, licenses, and permissions to upload, send, and sign the Documents and that your use of the Service does not violate any third-party rights or applicable laws.
The Service provides an audit trail for each signing transaction, which includes information such as IP addresses, timestamps, and other data to demonstrate the integrity and authenticity of the e-signature process. This audit trail is intended to assist in proving the validity of the e-signature.
While the Service allows you to store Documents, you are ultimately responsible for backing up and retaining your own copies of Documents. OnBlick may delete Documents from the Service in accordance with our data retention policy or if your Account is terminated.
All Intellectual Property Rights in the Service, including its software, design, text, graphics, logos, images, as well as the selection and arrangement thereof, are owned by OnBlick Inc. or its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.
You retain all ownership rights in the Documents and Content that you upload, submit, or transmit through the Service. By uploading Content, you grant OnBlick a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content solely as necessary to provide the Service to you and other users, and to improve the Service. This license terminates when you remove your Content from the Service, unless your Content has been shared with others, and they have not deleted it.
If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby grant OnBlick a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the Feedback for any purpose without any obligation or compensation to you.
Access to certain features of the Service may require a paid subscription. Details regarding subscription plans, pricing, and billing cycles are available on our website.
You agree to pay all applicable fees for your chosen subscription plan in accordance with the payment terms provided at the time of purchase. All payments are non-refundable unless otherwise stated in writing by OnBlick.
Unless you cancel your subscription before the end of the current billing period, your subscription will automatically renew, and you authorize us to charge the applicable subscription fees to your designated payment method.
OnBlick reserves the right to change its fees or introduce new fees at any time, upon your reasonable prior notice.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ONBLICK INC. DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED. ONBLICK INC. DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE. YOU USE THE SERVICE AT YOUR OWN SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ONBLICK INC., ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
IN NO EVENT SHALL ONBLICK INC.'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO ONBLICK INC. FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100.00), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend, and hold harmless OnBlick Inc., its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:
You may terminate your Account at any time by following the instructions within the Service or by contacting our support team. Upon termination, your access to the Service will cease, and we may delete your Documents and data in accordance with our data retention policy.
We may suspend or terminate your Account and access to the Service at our sole discretion, without prior notice or liability, for any reason, including but not limited to: * Your breach of these Terms. * Your failure to pay any fees when due. * Any activity that, in our sole discretion, is harmful to OnBlick, the Service, or other users. * Extended periods of inactivity.
Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections 6 (Intellectual Property), 8 (Disclaimers), 9 (Limitation of Liability), 10 (Indemnification), 11.3 (Effect of Termination), 12 (Governing Law and Dispute Resolution), 14 (Miscellaneous), and 15 (Contact Information) shall survive any termination of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.
* Informal Resolution: Most concerns can be resolved by contacting our customer support. You agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally by contacting us. * Binding Arbitration: If a dispute cannot be resolved informally, you and OnBlick Inc. agree to resolve any and all disputes, claims, or controversies (excluding claims for injunctive or other equitable relief) by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration will be conducted in [Specify a City, e.g., San Francisco, California] or another mutually agreed location. The award rendered by the arbitrator(s) shall be final and binding on both parties, and judgment may be entered in any court having competent jurisdiction. * Class Action Waiver: YOU AND ONBLICK INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and OnBlick Inc. agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
These Terms, together with the Privacy Policy and any other legal notices published by OnBlick Inc. on the Service, constitute the entire agreement between you and OnBlick Inc. concerning the Service.
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and OnBlick Inc.'s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
You may not assign or transfer these Terms, by operation of law or otherwise, without OnBlick Inc.'s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. OnBlick Inc. may freely assign or transfer these Terms without restriction.
If you have anyquestions about these Terms of Use, please contact us at:
eSignRight Support Email: support@onblick.com
Postal Address: 400 E Royal Lane, Suite 218, Irving, TX United States.
Phone: +1 972-200-5599
Email: contact@onblick.com