Terms of Service

Last Updated: August 20, 2026

Version 2.1 - Customer Responsibility, Legal Suitability and Notice Requirements

1. Agreement to Terms

By accessing and using Initial and Sign ("Service"), you accept and agree to be bound by these Terms of Service ("Terms"). If you do not agree to any part of these Terms, you must not use this Service.

This Service creates legally binding electronic signatures under Australian law. By using this Service, you acknowledge and warrant that:

• You have read and understood these Terms in their entirety
• You understand the legal consequences of electronic signatures
• You will only use this Service for lawful purposes
• You will comply with all applicable Australian laws and regulations
• You have obtained, or had the opportunity to obtain, independent legal advice about whether the Service suits your documents, transaction, industry, jurisdiction, and requirements
• You accept responsibility for giving us written notice of any requirement that you believe the Service does not address before relying on the Service for that requirement

If you are under 18 years old: You may only use this Service with parental/guardian consent. By using this Service, you confirm you have such consent.

2. Supported Document Types

3. Unsupported Document Types

4. Electronic Execution Framework

This Service creates electronic signatures that are legally binding under the following Australian legislation:

• Corporations Act 2001 (Cth) – Section 110A (technology-neutral company execution)
• Australian Electronic Transactions Act 1999 (Cth) – Sections 8-12 (validity of electronic signatures)
• State-based Electronic Transactions Legislation:
  • Electronic Transactions Act 2000 (NSW)
  • Electronic Transactions Act 2000 (VIC)
  • Electronic Transactions Act 2001 (QLD)
  • Electronic Transactions Act 2011 (WA)
  • Electronic Transactions Act 2011 (SA)
  • Electronic Transactions Act 2000 (TAS)
  • Electronic Transactions Act 2001 (ACT)
  • Electronic Transactions Act 2000 (NT)

What this means: A signature created through this Service has the same legal effect as a handwritten signature for supported documents, provided:

• The signer intends to be legally bound
• The document is a supported type (see Section 2)
• The signer had authority to execute the document
• The signer had proper authorization (especially for company documents)
• All terms of this Agreement are complied with

What this does NOT cover: Unsupported document types (Section 3) and documents executed in breach of any terms herein.

5. Signer Acknowledgement & Responsibility

By clicking "Apply Signature", each signer acknowledges and warrants that:

• You have read and understood the entire document in its entirety
• You have had sufficient time to review before signing
• You intend to be legally and financially bound by this signature
• You are authorized to execute this document
• For company documents, you have proper corporate authority under s.127 Corporations Act (see Section 6)
• This signature is final and binding and cannot be withdrawn or rescinded after completion
• You are not relying on any oral representations, statements, or warranties beyond what is written in the document
• The information you provided (name, email, identity details) is accurate and truthful
• You understand the document type is supported by this Service (Section 2)
• You have not been coerced, threatened, or unduly influenced to sign
• You accept full personal liability for any breach of this signature

IMPORTANT: Once you apply your signature, it cannot be withdrawn. You are legally bound by the document. Ensure you have reviewed it carefully and have proper authority before proceeding.

6. Company Execution (Corporations Act s.127)

When signing a document on behalf of a company:

• Authority requirement: You personally warrant that you have proper corporate authority to execute this document on behalf of the company. We do not verify authority; this is your responsibility.
• Valid role combinations for company documents: Company documents require execution by one of:
  • Two or more directors, OR
  • One director AND one secretary, OR
  • One person who is both sole director and sole secretary
• No verification by us: We do NOT verify:
  • That you are actually a director/secretary
  • That you have board authority to execute
  • That proper corporate procedures were followed
  • That the company consents to the signature
• Personal liability: If you sign on behalf of a company without proper authority, YOU personally may be held liable for:
  • Breach of contract (the company may disaffirm the signature)
  • Misrepresentation to the other party
  • Tortious interference or fraud
  • Criminal charges in serious cases
• Company disavowal: The company may disavow the signature after execution if authority was lacking. We are not liable in such cases.

See our Company Execution Guide for detailed information on proper authorization.

7. User Obligations & Responsibilities

As a user of this Service, you agree to:

• Keep credentials secure: You are solely responsible for maintaining the confidentiality of your password and account details. Do not share your login credentials with any other person.
• Report unauthorized access immediately: If you suspect unauthorized access to your account or misuse of your signature, notify us immediately at admin@initialandsign.com
• Verify signer identity: Before sending documents for signature, you agree to verify the identity of signers and ensure they understand the document they are signing.
• Use only for supported documents: You will not use this Service for unsupported document types (Section 3).
• Obtain proper authority: You will obtain all necessary approvals, authorizations, and consents before using this Service to execute documents on behalf of others or entities.
• Comply with laws: You will not use this Service for any unlawful purpose, including:
  • Fraud or deception
  • Forgery or impersonation
  • Money laundering or terrorist financing
  • Harassment or defamation
  • Breach of privacy or confidentiality
• Secure documents: You are responsible for securing documents after signing and ensuring access is restricted to authorized parties.
• Regular password changes: We recommend changing your password regularly (at least every 90 days).
• Monitor account activity: Review your account audit logs regularly and report any suspicious activity.
• Accuracy of information: You warrant that all information provided (business details, representative roles, signer details) is accurate and current.

8. Document Retention & Data Lifecycle

• Signed documents and audit logs: Retained for 7 years (minimum legal compliance for electronic evidence under Australian law)
• Audit trail records: Retained for 7 years (to support legal proceedings and forensic investigation)
• User accounts (inactive): Deleted within 30 days of account closure (legal holds and regulatory obligations override this)
• User-requested deletion: Processed within 30 days of written request (subject to legal holds and regulatory retention requirements)
• Legal holds: If you are subject to litigation or regulatory investigation, we will retain all relevant documents and data indefinitely until released by legal counsel
• Backup retention: Backup copies may be retained for up to 90 days for disaster recovery purposes
• No guarantee of retrieval: After the retention period, documents will be permanently deleted and cannot be recovered

9. Intellectual Property

• Our IP: All content, software, design, and functionality of the Initial and Sign Service, including trademarks, logos, and documentation, are owned by us or our licensors. These are protected by copyright and international intellectual property laws.
• Your content: You retain all intellectual property rights in documents you upload to this Service. By uploading documents, you grant us a license to:
  • Store and process the documents
  • Display the documents to signers
  • Perform services related to signature and audit trail
  • Retain copies for legal compliance
• No unauthorized use: You may not copy, modify, adapt, or distribute any content from this Service except as necessary to use the Service for its intended purpose.
• Third-party content: You may not infringe third-party intellectual property rights through documents you upload or signatures you apply.

10. Use License

We grant you a non-exclusive, non-transferable, revocable license to use this Service for its intended purpose. You may not:

• Reverse engineer, decompile, or disassemble our software
• Use this Service for unauthorized or illegal purposes
• Attempt to bypass security controls (rate limiting, authentication, encryption, etc.)
• Remove, obscure, or alter copyright or proprietary notices
• Use automated tools or bots to access this Service without permission
• Conduct security testing, penetration testing, or vulnerability scanning without written permission
• Interfere with or disrupt the operation of this Service
• Scrape, crawl, or extract data from this Service
• Resell or redistribute this Service to third parties
• Use this Service to compete with us

Breach consequences: Violation of this Section may result in immediate account suspension and/or termination.

11. Disclaimer of Warranties

Initial and Sign is provided "as is" and "as available". We make NO warranties, express or implied, regarding:

• Fitness for a particular purpose
• Merchantability
• Uninterrupted or error-free service
• Availability of the Service
• Accuracy or completeness of any information
• That the Service will meet your requirements

No legal, compliance or suitability warranty: Unless we give you an express written guarantee signed by us and expressly referring to your specific document, transaction, customer account and requirement, we do not warrant, represent or guarantee that the Service:

• is suitable for your intended purpose, business process, transaction, industry, bank, lender, regulator, court, government agency, professional body, or jurisdiction;
• complies with legislation, regulations, rules, standards, policies, or operational requirements that apply to you outside the Australian legal requirements we have attempted to consider;
• will satisfy any evidentiary, execution, witnessing, identity verification, record keeping, archiving, retention, lodgement, or audit requirement applicable to your use case;
• will make an otherwise invalid, defective, unsupported, unauthorised, incomplete, or unsuitable document valid or enforceable.

Specific disclaimers:

• We do NOT warrant that signatures are valid in all jurisdictions. Electronic signature laws vary globally.
• We do NOT verify the identity of signers beyond email confirmation.
• We do NOT verify the legality or enforceability of documents.
• We do NOT verify signer authority to execute documents.
• We do NOT verify that proper corporate procedures were followed for company signatures.
• We do NOT guarantee the authenticity, integrity, or non-repudiation of signatures in legal proceedings.
• We do NOT accept responsibility for your omissions, incorrect instructions, unsupported document choices, authority failures, signer selection, field placement, business process decisions, or failure to tell us in writing that the Service does not meet a requirement relevant to you.

Self-service and non-enterprise accounts: Free trial, Pay As You Go, Monthly, Annual, individual, and standard organisation accounts are self-service software accounts only. For those accounts, you are solely responsible for deciding whether the Service is appropriate for your documents and customers. We do not accept responsibility for omissions, wrongdoing, invalid execution, unsuitable use, or failure to meet your requirements unless a non-excludable law says otherwise or we have given you an explicit written guarantee.

Enterprise accounts: Enterprise customers may receive additional written commitments only if those commitments are expressly stated in a signed enterprise agreement, written certificate, document header, or other written guarantee issued by us for that customer and use case. No sales conversation, support comment, website statement, or general product description is an enterprise guarantee.

Internet Security: NO METHOD OF TRANSMISSION OVER THE INTERNET IS 100% SECURE. While we use industry-standard TLS 1.2+ encryption, we cannot guarantee absolute security. You acknowledge that all electronic communications carry inherent risks.

12. Security & Data Protection

Security measures implemented:

• TLS 1.2+ encryption for all data in transit
• AES-256 encryption for data at rest
• Multi-factor authentication (optional/available)
• Regular security audits and penetration testing
• Automated threat monitoring and intrusion detection
• Access controls and role-based permissions
• Comprehensive audit logging (7-year retention)
• Regular security patching and updates

Data Protection: We comply with Privacy Act 1988 (Cth) requirements for personal information handling. See our Privacy Policy for details on data collection, use, and protection.

Limitations: Despite these measures, we cannot guarantee:

• Protection against all cyberattacks
• Prevention of insider threats or employee misconduct
• Protection against sophisticated nation-state attacks
• Recovery of data after permanent deletion

13. Limitation of Liability

To the maximum extent permitted by Australian law (including the Australian Consumer Law), Initial and Sign shall not be liable for:

• Loss of data, profit, revenue, or business opportunity
• Business interruption or loss of use
• Indirect, incidental, special, or consequential damages
• Damages arising from use of or reliance on this Service
• Damages arising from unauthorized access or misuse of signatures
• Damages arising from documents uploaded by users or third parties
• Damages arising from user failure to secure account credentials
• Damages arising from use of unsupported document types
• Damages arising from execution without proper authority
• Losses arising because you failed to obtain independent legal advice about suitability, enforceability, compliance, or purpose
• Losses arising because you did not notify us in writing of a known or suspected requirement that the Service did not address before relying on the Service
• Losses arising from non-enterprise, self-service use where no express written guarantee has been given by us

Liability cap: Notwithstanding anything else in these Terms, our total aggregate liability to you arising from or related to this Service shall be LIMITED to the total fees paid by you to us in the 12 months immediately preceding the claim (or $1,000, whichever is greater). This limitation does not apply to our liability for:

• Death or personal injury caused by our negligence
• Fraud or fraudulent misrepresentation
• Gross negligence or willful misconduct
• Breaches that cannot be excluded or limited under Australian Consumer Law

14. Indemnification

You agree to indemnify, defend, and hold harmless Initial and Sign and its officers, directors, employees, agents, and representatives from any claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising from or related to:

• Your use of this Service
• Documents you upload or signatures you apply
• Your breach of any term in these Terms
• Your violation of any applicable law or regulation
• Your infringement of third-party intellectual property rights
• Claims by third parties regarding documents or signatures
• Your execution of documents without proper authority
• Unauthorized access due to your failure to secure credentials
• Your misrepresentation of identity or authority
• Use of unsupported document types
• Any other misuse of this Service

This indemnification obligation survives termination of your account and these Terms.

15. Termination & Account Closure

Termination by you: You may terminate your account at any time by requesting account closure via your account settings or contacting support@initialandsign.com

Termination by us: We may terminate your account and/or access to this Service immediately, without notice, if:

• You breach any material term of these Terms
• You engage in illegal activity or fraud
• You use this Service to create forged or fraudulent signatures
• We become aware of unauthorized access to your account due to your negligence
• You engage in harassment or abusive behavior
• You violate our Acceptable Use Policy
• We are required to do so by law or legal process
• You accumulate excessive failed login attempts

Effect of termination:

• Your access to your account is immediately revoked
• You remain liable for any signatures applied via your account before termination
• Signed documents are retained per Section 8 (document retention)
• You may request copies of your documents within 30 days of termination
• After 30 days, we have no obligation to provide access or copies
• Sections that survive termination continue to apply (see Section 21)

16. Dispute Resolution

Before litigation: Before commencing legal proceedings, you agree to attempt resolution as follows:

• Step 1 - Good faith negotiation (30 days): Notify us in writing of the dispute at admin@initialandsign.com. We will respond within 10 business days. Both parties agree to attempt good faith negotiation for 30 days.
• Step 2 - Mediation (30 days): If negotiation fails, either party may request mediation. Both parties agree to participate in mediation conducted by a mutually agreed mediator (or one appointed by a mediation service). Mediation costs will be shared equally.
• Step 3 - Expert determination (for technical disputes): For disputes involving technical issues (signature validity, audit trail integrity, etc.), either party may request expert determination by an independent technical expert. The expert's determination is binding.
• Step 4 - Arbitration or litigation: Only after exhausting steps 1-3 may either party commence legal proceedings (see Section 24 for governing law and jurisdiction).

Exceptions: This dispute resolution process does not apply to claims for injunctive relief or emergency court orders.

17. Third-Party Services

This Service integrates with and relies on the following third-party services:

• Email delivery: SendGrid (email service provider)
• Cloud hosting: Amazon Web Services (AWS)
• Payment processing: Stripe (payment processor)
• Analytics: Google Analytics (analytics platform)
• Security monitoring: Cloudflare (DDoS protection and security)

We are not responsible for the services, policies, or practices of these third parties. You agree that:

• These third parties may have access to your data as necessary to provide their services
• We are not liable for any issues arising from these third-party services
• You should review the privacy policies and terms of these third parties
• We may change third-party providers at any time

18. Data Breach Notification

In the event of a security breach involving personal information or signed documents, we will:

• Investigate the breach immediately
• Notify affected users within 30 days of confirming the breach
• Provide details of the data compromised and recommended actions
• Notify relevant regulatory authorities as required by Privacy Act 1988 (Cth)
• Provide credit monitoring or identity theft protection services if appropriate

Note: Notification may be delayed if required by law enforcement or judicial order.

19. Service Level Agreement (SLA)

Uptime commitment: We commit to maintaining 99.5% service availability (uptime) on a monthly basis, calculated as:

Uptime % = (Total Minutes in Month - Downtime Minutes) / Total Minutes in Month × 100

Scheduled maintenance: Scheduled maintenance windows (typically 2-4 hours monthly) are excluded from uptime calculations.

Downtime exclusions: The SLA does not apply to downtime caused by:

• Third-party service failures (Section 17)
• Internet connectivity issues on your end
• User-side security breaches or account misuse
• Force majeure events (Section 20)
• Your breach of these Terms

Support response times:

• Critical security issues: 1-hour response target
• High-priority issues: 4-hour response target
• Standard support: 24-hour response target
• General inquiries: 48-hour response target

No SLA guarantee: We do not guarantee response times or uptime. These are targets only and do not constitute a binding obligation.

20. Force Majeure

Neither party shall be liable for delays or failures in performance resulting from events beyond reasonable control, including:

• Natural disasters (earthquakes, flooding, hurricanes, etc.)
• War, terrorism, or civil unrest
• Government actions or sanctions
• Pandemics or epidemics
• Infrastructure failures (power outages, internet disruptions)
• Strikes or labor disputes
• Cyber attacks or widespread malware

If a force majeure event prevents performance, the affected party must notify the other party within 24 hours and use reasonable efforts to resume performance.

21. Survival of Terms

The following Sections survive termination or expiration of these Terms and your account:

• Section 5 (Signer Acknowledgement) - You remain bound by signatures you applied
• Section 6 (Company Execution) - Liability for unauthorized corporate signatures continues
• Section 9 (Intellectual Property) - Our IP rights are perpetual
• Section 11 (Disclaimer of Warranties) - Warranty disclaimers survive
• Section 13 (Limitation of Liability) - Liability limitations survive
• Section 14 (Indemnification) - Indemnification obligations survive
• Section 16 (Dispute Resolution) - Dispute resolution procedures survive
• Section 24 (Governing Law) - Governing law provisions survive
• Section 8 (Document Retention) - Retention obligations survive

22. Modifications to Terms

We may revise these Terms at any time. Material changes will be notified to you via email or through a prominent notice on our website. Your continued use of this Service after changes become effective constitutes your acceptance of the modified Terms.

We will update the "Last Updated" date at the top of this document whenever changes are made.

If you do not agree to modified Terms: You must cease using this Service and close your account within 30 days of the notice. Continued use after 30 days constitutes acceptance.

23. Regulatory Compliance

We have made a good-faith, best-efforts attempt to design this Service around the following Australian legislation and regulatory themes known to us:

• Privacy Act 1988 (Cth) – Personal information handling and privacy rights
• Spam Act 2003 (Cth) – Electronic marketing communications
• Australian Consumer Law (ACL) – Consumer protection and consumer guarantees
• Corporations Act 2001 (Cth) – Company signature and financial services provisions
• Electronic Transactions Acts (Federal & State) – Validity of electronic signatures
• Archives Act 1983 (Victoria) and equivalent state legislation – Document retention and evidence
• Disability Discrimination Act 1992 (Cth) – Accessibility requirements

No complete compliance guarantee: Laws, regulations, industry rules, lender requirements, bank requirements, government procedures, professional duties, and customer requirements change and may vary by jurisdiction and document type. We do not guarantee that the Service covers every requirement that may apply to you. You must verify your own requirements before using the Service.

Written notice of gaps: If you are aware of, or reasonably suspect, any legislative, regulatory, compliance, bank, lender, professional, industry, accessibility, retention, identity, witnessing, execution, or audit requirement that the Service does not meet or may not meet, you must notify us in writing at compliance@initialandsign.com. Until we have received that notice and responded in writing, you must not assume the Service supports that requirement or purpose.

For international users: Users outside Australia should be aware that this Service is primarily designed for Australian law compliance. GDPR compliance is limited. Users subject to GDPR are responsible for ensuring compliance with their own regulations.

24. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of Australia (Commonwealth and relevant State laws). You irrevocably submit to the exclusive jurisdiction of the courts of Australia.

For international users: If you are located outside Australia, you may have legal rights in your own jurisdiction. By using this Service, you agree that Australian law governs and disputes will be resolved in Australian courts.

25. Contact Us

For questions about these Terms of Service or to report legal concerns:

• Legal inquiries: admin@initialandsign.com
• Security issues: admin@initialandsign.com
• General support: support@initialandsign.com
• Compliance inquiries: compliance@initialandsign.com

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DISCLAIMER: These Terms of Service are provided for informational purposes. They are not a substitute for professional legal advice. We recommend you have an Australian technology lawyer review these Terms before relying on them. Initial and Sign makes no warranty regarding the legal sufficiency or enforceability of these Terms.