Terms of Service

These Terms of Service govern your use of FernSign, including fernsign.com and the FernSign application. By creating an account or using the service you agree to these terms.

1. The service

FernSign provides electronic signature, document sealing and verification tools. The service is operated by FernSign Inc., a corporation organized under the laws of the State of New York, with its principal office at 228 Park Ave S, New York, NY 10003.

2. Your account

You must provide accurate information and keep your credentials confidential. You are responsible for activity under your account. Sending documents for signature requires a verified account; we may decline or revoke verification at our discretion.

3. Acceptable use

You may not use FernSign to impersonate anyone, to send documents you are not authorized to send, to distribute malware or unlawful content, or to infringe the rights of others. We may suspend accounts that breach this section.

4. Electronic signatures and records

FernSign is designed so that signatures collected through it satisfy the federal Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act as adopted by the states, including the New York Electronic Signatures and Records Act. Some documents, such as wills and certain court and family-law filings, may not be signed electronically. You are responsible for deciding whether an electronic signature is appropriate for your document.

The fern image shown for a sealed document is a visual representation of its SHA-256 digest. Integrity is established by the digest and the audit trail, not by the image.

5. Termination

Either party may end this agreement at any time. On termination you may export your sealed documents for thirty (30) days. We keep audit records for up to ten (10) years where the law or a signer's rights require it.

6. Limitation of liability

To the fullest extent permitted by law, FernSign Inc.'s total liability arising out of these terms is limited to the fees you paid in the twelve (12) months before the claim. We are not liable for indirect or consequential damages.

7. Governing law

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. Subject to section 7.2, any dispute will be brought exclusively in the state or federal courts located in New York County, New York, and both parties consent to personal jurisdiction there.

7.1 Consumer protection

Nothing in these terms limits any right you have under New York General Business Law § 349 or other consumer-protection law. New York residents may contact the Office of the New York State Attorney General, Bureau of Consumer Frauds and Protection.

7.2 Dispute resolution

The parties will first try to resolve any dispute through good-faith negotiation for sixty (60) days. If that fails, either party may submit the dispute to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in New York County, New York. Each party waives the right to bring or join a class action or class arbitration.

8. Email communications

FernSign is an email-only service: we do not send text messages. By creating an account you agree to receive transactional emails at the address you provide. If you tick the optional consent box at sign-up, you also agree to receive occasional product emails.

Purpose

Transactional emails include address confirmation, password resets, signature requests and reminders, document status updates (viewed, signed, sealed), security alerts and service notices. Product emails describe new features.

Frequency

Transactional email volume depends on your activity, typically 4 to 15 messages a month for an active sender. Product emails are limited to no more than two (2) per month.

Costs

Message and data rates may apply. FernSign does not charge for emails; your email or internet provider's standard data charges apply.

Unsubscribe and help

You can stop product emails at any time with the Unsubscribe link in the footer of any email or at fernsign.com/unsubscribe; the change takes effect within 24 hours. For help, reply to any email with HELP in the subject line, write to help@fernsign.com or call (646) 480-7316. Transactional emails continue while your account is open because the service depends on them.

Eligibility

You must be at least 18 years old. Consent to product emails is never a condition of using FernSign.

9. Contact

FernSign Inc., 228 Park Ave S, New York, NY 10003. Email help@fernsign.com, phone (646) 480-7316.