End User License Agreement

1. Acceptance of Terms

This EULA is a legal agreement between you ("User," "you," or "your") and Signaturely ("Company," "we," "us," or "our") for the use of our multi-tenant digital signature system software ("Software" or "System").

By checking the acceptance box during login, installing, accessing, or using the Software, you acknowledge that you have read, understood, and agree to be bound by this EULA and our Privacy Policy.

2. License Grant and Restrictions

2.1 Limited License

Subject to your compliance with this EULA, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your intended business purposes in accordance with the terms herein.

2.2 Restrictions

You agree NOT to:

• Reverse engineer, decompile, disassemble, or attempt to derive the source code of the Software
• Use the Software for any illegal, fraudulent, or unauthorized purposes
• Circumvent any security measures or access controls implemented in the Software
• Share your login credentials with unauthorized third parties
• Use the Software to create false, misleading, or fraudulent documents
• Violate any applicable local, national, or international laws or regulations

3. User Responsibility and Conduct

3.1 Responsible Use

You agree to:

• Use the Software in a professional, ethical, and lawful manner
• Ensure all documents and signatures processed through the Software are legitimate and authorized
• Verify the identity of all parties involved in digital signature processes
• Maintain appropriate backup copies of important documents
• Report any security vulnerabilities or suspected misuse to us immediately

3.2 Prohibited Activities

You shall not use the Software for:

• Creating fraudulent documents or obtaining unauthorized signatures
• Impersonating any person or entity
• Violating intellectual property rights of any third party
• Transmitting malicious code, viruses, or harmful content
• Attempting to gain unauthorized access to other users' accounts or data

4. Data Protection and POPIA Compliance

4.1 Personal Information Processing

We process personal information in accordance with POPIA and applicable data protection laws. By using this Software, you consent to the processing of personal information as described in our Privacy Policy.

4.2 Data Subject Rights

Under POPIA, you have the following rights regarding your personal information:

• Right to access your personal information
• Right to correction or deletion of personal information
• Right to object to processing of personal information
• Right to submit complaints to the Information Regulator

4.3 Cross-Border Data Transfers

If personal information is transferred outside South Africa, such transfers will comply with Chapter 9 of POPIA and will only occur where adequate levels of protection exist or with your explicit consent.

4.4 Data Security

We implement appropriate technical and organizational measures to secure personal information against unauthorized access, alteration, disclosure, or destruction, in accordance with Section 19 of POPIA.

5. Disclaimer of Warranties and Limitation of Liability

5.1 "AS IS" Basis

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

5.2 No Liability for User Misconduct

THE COMPANY SHALL NOT BE LIABLE FOR:

• Any fraudulent, illegal, or unauthorized use of the Software by users
• Documents created, modified, or signed using the Software without proper authorization
• Violations of third-party rights resulting from user actions
• Financial losses, legal disputes, or damages arising from user misconduct
• Failure to comply with applicable laws, regulations, or industry standards

5.3 Limitation of Damages

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

6. Intellectual Property Rights

The Software, including all intellectual property rights therein, is and remains the exclusive property of the Company. This EULA does not grant you any rights to the Company's trademarks, service marks, or logos.

7. Privacy and Data Handling

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into this EULA by reference. Please review our Privacy Policy to understand our data practices.

8. Termination

This EULA is effective until terminated. We may terminate this agreement immediately if you violate any terms herein. Upon termination, you must cease all use of the Software and delete all copies in your possession.

9. Updates and Modifications

We reserve the right to modify this EULA at any time. Changes will be effective immediately upon posting. Your continued use of the Software after such changes constitutes acceptance of the modified terms.

10. Governing Law and Jurisdiction

This EULA shall be governed by and construed in accordance with the laws of South Africa. Any disputes arising from this EULA shall be subject to the exclusive jurisdiction of the courts of South Africa.

11. Severability

If any provision of this EULA is found to be unenforceable or invalid, the remaining provisions shall remain in full force and effect.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company from and against any claims, damages, losses, and expenses arising out of or relating to your use of the Software, violation of this EULA, or infringement of any third-party rights.

13. Force Majeure

The Company shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or government actions.

14. Electronic Signatures

You acknowledge that electronic signatures created through this Software are legally binding and enforceable under the Electronic Communications and Transactions Act, 2002 of South Africa and other applicable laws.