Section 01
Acceptance and Eligibility
By accessing or using SigningKiosk (the “Service”), including the website, the admin dashboard, the kiosk pages and any API, you agree to these Terms of Use. If you use the Service for a business or other organization, you confirm you have authority to bind it, and “you” includes that organization.
You must be old enough to form a binding contract where you live. If you do not agree to these Terms, do not use the Service.
Section 02
Description of the Service
SigningKiosk lets organizations upload PDF documents, place fields on them, publish them to kiosk pages that members of the public can open on a tablet or other device, and collect typed and drawn entries. When signing completes, the Service places those entries onto the original PDF and stores the resulting copy.
Two kinds of people use the Service. Customers are the workspace owners, administrators and members who build documents and kiosks. Signers are the people who use a kiosk to complete a document. We may change, add or remove features, and will give reasonable notice of material changes.
Section 03
Accounts, Workspaces and Team Members
Registration: you must give accurate information and keep it current. Each email address belongs to one workspace.
Credentials: you are responsible for keeping your credentials secure and for activity under your account. Tell us promptly at support@signerkiosk.example if you suspect unauthorized access.
Team members: owners and administrators can invite others by email and assign roles. Invitations are sent through our authentication provider and include a temporary password. You are responsible for the people you invite and for removing access when it is no longer needed.
Roles: owners manage everyone except other owners, administrators manage members, and members can build documents and kiosks but cannot manage people. Role changes take effect the next time that person signs in.
Section 04
Fees and Billing
If a plan or price applies, we will show it to you before you are charged, and you may cancel before the next billing period. Fees are non-refundable except where the law requires otherwise. We may change prices for future periods with advance notice.
You are responsible for any taxes that apply to your use of the Service.
Section 05
Acceptable Use
You agree not to use the Service to:
- break the law or collect information for an unlawful purpose;
- present a document in a misleading way, or collect signatures without telling signers what they are signing;
- impersonate any person or organization, or sign for someone else without authority;
- upload malware, or password-protected or malicious files;
- probe, scan, overload or circumvent the security, rate or access controls of the Service;
- scrape, reverse-engineer, decompile or copy the Service, except as the law allows;
- use the Service to harass, discriminate against or harm others.
Section 06
Customer Responsibilities
Your documents: you are solely responsible for the content, wording and legal sufficiency of every document you publish. SigningKiosk does not draft, review or approve documents and does not provide legal advice.
Rights in what you upload: you must own or have a licence to everything you upload, and it must not infringe anyone’s intellectual property, privacy or other rights.
Notice and consent: you are responsible for telling signers how you will use their information, getting any consent the law requires, and for choosing a suitable kiosk location and access rules.
Minors: if a document is signed by or for a child, you are responsible for requiring a parent or guardian signature and for complying with the rules that apply to minors where you operate.
Sensitive information: do not use the Service to collect information that you are not permitted to collect this way. If you collect health, financial or other regulated information, you are responsible for meeting the laws that apply to it. SigningKiosk does not claim that the Service meets any specific regulatory standard, including HIPAA.
Your kiosk, your place: you are responsible for the devices, network and physical environment where kiosks run.
Section 07
Signers
If you use a kiosk to sign, the document is between you and the organization that runs the kiosk. We provide the technology and are not a party to that agreement. Read each document before you sign. If you do not agree to it, do not sign it.
Only sign with your own name, or with authority to sign for the person you name. Your name, any entries, your drawn signature and technical details such as your IP address are recorded, as described in our Privacy Policy.
Section 08
Electronic Signatures and Legal Effect
The Service captures typed entries and a drawn signature, places them on a flattened PDF, and records the time and the kiosk used. It does not verify a signer’s identity, age or authority, does not notarize documents, and is not a certified or qualified signature service.
Whether an electronic signature or a particular waiver is valid or enforceable depends on the document, the law where you operate and the circumstances. We do not promise that any signed document will be enforceable. Ask your lawyer or insurer.
Section 09
Kiosk Access Controls
A customer can limit a kiosk by IP address, IP range or country. These controls rely on information provided by the signer’s network and our hosting providers. They reduce, but do not eliminate, the chance that a kiosk link is used elsewhere, and they can be evaded, for example with a VPN.
Kiosk pages are public by design: they only collect new signatures and do not list or show previous ones. Do not rely on access controls as your only protection for anything sensitive.
Section 10
Content and Intellectual Property
Your content: you keep ownership of your documents, field layouts and the signed copies collected for you. You give us a limited, non-exclusive licence to host, process, display and transmit that content solely to provide the Service to you.
Our property: we own the Service, its software, design and brand. These Terms do not give you any right to them except to use the Service as permitted.
Feedback: if you give us suggestions, we may use them without obligation to you.
Infringement notices: if you believe content on the Service infringes your copyright, send a written notice to legal@signerkiosk.example identifying the work, the material and where it appears, your contact details, a good-faith statement that the use is not authorized, and a statement that your notice is accurate and that you act for the rights holder. We may remove content and end the accounts of repeat infringers.
Section 11
Data Protection and Privacy
Our Privacy Policy explains how we handle personal information. For information about signers that customers collect through kiosks, the customer decides why and how it is collected, and we process it on the customer’s behalf. You must have a lawful basis to collect it and must comply with the privacy laws that apply to you.
If you need a data processing agreement, contact privacy@signerkiosk.example.
Section 12
Retention and Deletion
We keep documents, signed copies and related records until you delete them or your workspace is closed, and for a short period afterwards in backups. Deleting something from the dashboard may not delete signed copies that already exist. To have a signed copy or a workspace removed, contact support@signerkiosk.example.
You are responsible for keeping your own copies of anything you must retain by law. After a workspace closes we may be unable to recover its data.
Section 13
Third-Party Services
The Service runs on third-party infrastructure, including Amazon Web Services, which provides sign-in, storage, email delivery of invitations and hosting. Their availability and terms affect the Service, and we are not responsible for their failures beyond what the law requires.
Section 14
Availability
Kiosks need an internet connection to load and to save signatures, and do not work offline. We aim to keep the Service available but do not guarantee uninterrupted or error-free operation, and we may suspend it for maintenance or security.
Section 15
Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY THAT SIGNED DOCUMENTS WILL BE VALID, ENFORCEABLE OR ADMISSIBLE.
Section 16
Limitation of Liability
TO THE MAXIMUM EXTENT THE LAW ALLOWS, SIGNINGKIOSK IS NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM THE SERVICE, INCLUDING ANY CLAIM THAT A SIGNED DOCUMENT WAS NOT ENFORCEABLE.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US IN THE THREE MONTHS BEFORE THE CLAIM AND CAD $100. Nothing in these Terms limits liability that cannot be limited by law.
Section 17
Indemnification
You agree to defend and indemnify SigningKiosk and its officers, employees and agents against claims, losses and expenses (including reasonable legal fees) arising from your documents, your instructions to signers, your breach of these Terms or the law, or a signer’s claim against you relating to a document collected through the Service.
Section 18
Term and Termination
You may stop using the Service at any time. We may suspend or end your access if you breach these Terms, create risk or legal exposure for us or others, or if required by law, with notice where practical.
Sections that by nature should survive termination, including ownership, indemnification, disclaimers, liability limits and dispute resolution, continue to apply.
Section 19
Changes to These Terms
We may update these Terms. For material changes we will give notice by email or in the product before they take effect. Using the Service after the effective date means you accept the updated Terms.
Section 20
Governing Law and Jurisdiction
These Terms are governed by the laws of the Province of Alberta, Canada and the federal laws of Canada that apply there, without regard to conflict-of-law rules. Subject to the next section, the courts of Alberta have exclusive jurisdiction over disputes that are not arbitrated.
If you access the Service from outside Canada, you are responsible for complying with your local laws.
Section 21
Dispute Resolution and Arbitration
Please read this section carefully. It affects your legal rights.
Informal resolution first: email legal@signerkiosk.example with a written description of the dispute and the outcome you want. Both of us will try to resolve it informally for at least 30 days.
Binding arbitration: if it is not resolved, either of us may submit it to final and binding individual arbitration in English in Calgary, Alberta (or virtually if we agree), under the rules of a recognized arbitration body. The arbitrator decides questions about the scope and validity of this section.
Exceptions: either of us may bring a qualifying claim in small claims court, and may ask a court for urgent injunctive relief to prevent irreparable harm while arbitration is pending.
No class actions: claims may be brought only on an individual basis, not as a plaintiff or member of a class, collective or representative proceeding, and the arbitrator may not combine more than one person’s claims.
Costs: each party bears its own costs unless the arbitration rules or the law say otherwise.
Opt out: you may opt out of arbitration and the class waiver by emailing legal@signerkiosk.example with the subject “Arbitration Opt-Out”, your name and email, within 30 days of first accepting these Terms.
Section 22
General Provisions
Force majeure: neither of us is liable for delays caused by events beyond reasonable control, including outages of third-party infrastructure, natural events, labour disputes or government action.
Entire agreement: these Terms and the Privacy Policy are the whole agreement about the Service and replace earlier understandings.
Severability and waiver: if a provision is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it.
Assignment: you may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
Notices: we may give notice by email, in the product or on our website.
Section 23
Contact
Terms and legal questions: legal@signerkiosk.example
Privacy and data requests: privacy@signerkiosk.example
Support: support@signerkiosk.example
Also read our Privacy Policy.