THIS AGREEMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES THERE UNDER AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS/DOCUMENTS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL DATA OR INFORMATION) RULES 2011 AND CONSUMER PROTECTION (E COMMERCE RULES) 2020. THIS IS A COMPUTER-GENERATED ELECTRONIC RECORD AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. TERMS AND CONDITIONS MENTIONED IN THE AGREEMENT ARE A BINDING CONTRACT BETWEEN SYNCOLINK TECHNOLOGIES PVT. LTD, AND USER. THE TERMS ARE EFFECTIVE UPON ACCEPTANCE AND SHALL GOVERN THE RELATIONSHIP BETWEEN SYNCOLINK TECHNOLOGIES PVT. LTD AND USER FOR SERVICES THROUGH PLATFORM https://flexisign.io. IF THESE TERMS CONFLICT WITH ANY OTHER DOCUMENT/RECORDS, THE TERMS AND CONDITIONS OF THIS AGREEMENT SHALL PREVAIL UNLESS AND UNTIL FURTHER CHANGE/MODIFICATIONS NOTIFIED BY SYNCOLINK TECHNOLOGIES PVT. LTD.
BY ACCEPTING THE TERMS OF USE, YOU CONSENT TO BE CONTACTED OR ALLOW BUSINESS SOLICITATION BY FLEXISIGN VIA CALLS/SMS/EMAILS/CHAT AND YOUR REGISTRATION TO PLATFORM OVERRIDES ANY DND SUBSCRIPTION AND/OR SIMILAR SUCH OTHER SERVICE.
Welcome to Platform that is absolutely owned and operated by Syncolink Technologies Pvt. Ltd and marketed and sold by Creative Tools Inc. which provides a digital platform to streamline the process of signing documents electronically, eliminating the need for printing and manual handling of documents and generate reusable templates for frequently used documents under the brand name FlexiSign (hereinafter referred to as “FlexiSign”, which expression shall unless repugnant to the context thereof, include its successors and assigns).
If You (“You/Yourself/Subscriber/User”) continue to browse and use this Platform and download any material from the Platform, You are agreeing to comply with and be bound by these terms and conditions of use of the Platform (“Terms of Use”), which, together with our privacy policy (“Privacy Policy”), govern Platform’s relationship with You. If You disagree with any part of these Terms of Use, You may not use this Platform and the Services provided through this Platform.
For the avoidance of doubt, it is clarified that these Terms of Use and Privacy Policy shall apply to all the Services, whether offered by FlexiSign or its affiliates.
“Register” shall mean registering to the Platform or any other links/dashboards/webpages created on the Platform to avail the Services provided by the Platform on the basis of conditions mentioned in this Terms of Use.
“Services” shall mean and include e-signing documents, template creation, facilitating easy and secure document transmission and signing from any device, at any time, and from any location and such other services offered by the Platform from time to time.
“FlexiSign”; “us”; “we”; “our” shall mean Syncolink Technologies Pvt. Ltd, a company registered under the laws of India, having its registered office at 1014 Opal Square, Padwal Nagar, Wagle Estate, Thane West, MH, India 400080.
“Platform” shall mean E Signature software “FlexiSign” owned, run, operated and managed by FlexiSign.
“User” or “You” or “Your” or “Yourself” shall mean individuals who access and use the Platform or are registered on the Platform to avail the Services.
“Visitors” shall mean individuals who simply browse the interface of Platform without registration or availing any Services through this Platform.
The Services we offer are exclusively for Users who are of the age of majority and competent to enter into legally binding agreement under the applicable laws.
Visitors can navigate, check Services, explore various subscription plans and browse through the Platform without registration. However, to avail the Services offered by the Platform, Visitor must register. Once the registration is successfully completed, your account profile (“Account”) will be created by the Platform.
You can register on the Platform either in individual capacity or as a representative of an entity via website link or through sign-up provision on a web-portal. User is required to provide personal and/or business ownership details while registering on the Platform. If You are creating an Account in a personal capacity, You will be required to provide information including without limitation full name, email address, phone number, signing date. If You are representing or owning an entity, You will be required to provide details such as name of entity, address, GST number etc. while registering on the Platform. The information provided by You may be verified by the Platform in order to check the authenticity, and ensure fulfilment of all subscription norms, procedures and documentation. Upon filling in all the requisite details and proceeding to sign up, Your Account will be created.
You agree that at the time of registration, that the information provided by You shall always be accurate, correct and complete. You shall be responsible for maintaining the confidentiality of login ID and password and You agree to accept responsibility for all activities that occur under Your Account.
In the event you share Your Account credentials with any person or entity other than Yourself, or if a third party accesses Your Account due to any security lapse or breach within your web/mobile device, You fully understand the risks/costs associated with such action, including the sharing or hacking of confidential information and forgery of signature. You agree not to hold Platform responsible or liable for any unethical/illegal transactions or activities carried out by the individual in possession of your login ID and password. You are required to provide any additional information as requested by the Platform from time -to- time. We also reserve the right to refuse registration or delete accounts at our sole discretion. You agree to abide by all applicable laws and regulations and acknowledge that You are solely responsible for all acts or omissions committed using Your Account. You must not set up an account on behalf of another individual or entity unless You are authorized to do so.
You agree to promptly update the email address associated with Your account to keep it accurate so that we can contact at any given point of time. The Platform will not ask you to share sensitive information such as your debit card/credit card number, CVV, expiry date, PIN, password, or login id with anyone. Any such actions taken by You are entirely at Your own risk and FlexiSign absolves itself of any indemnification resulting from such actions.
FlexiSign provides:
The prices and features of the Services depend on the subscription plan selected by the Users. We reserve the right to change the prices for or alter the features in a particular subscription plan without prior notice to Users. Platform shall display costs pertaining to Services, applicable taxes and any other charges in connection with your use of Services. All payments required by these Terms of Use are exclusive of all taxes, duties, levies, fines, or similar governmental assessments. You shall be responsible for all taxes associated with use of Services.
User agrees to make payment with the help of payment gateway or by any other mode as may be made available on Platform from time to time. User agrees to abide by and adhere to the terms and conditions of payment gateway providers. The payments shall be secured as per permissible remittance mechanism and payment gateways. The Users understand and acknowledge that Platform undertakes utmost care to provide secure online payment system. However, it is susceptible to hacking, virus attacks, malfunction. The Users undertake all payments subject to own risk. The Platform shall not be liable for any loss or damage occurred to You due to any such malfunction, errors and/or unscrupulous activities.
The charges for subscription plans will be billed to Users at the time of availing subscription. You agree that subscription plans (yearly and monthly) are recurring in nature and involve automated payments. If You do not want to use the Services anymore, You need to cancel your subscription/unsubscribe from settings tab before the end of your prepaid subscription period. Failure to do so will result in the immediate commencement of the next subscription term under the same plan
Users hereby expressly agree that the Platform offers no refund once the subscription plan is purchased for any reason whatsoever. For instance, if You cancel Your subscription on September 5, but Your prepaid period ends on October 2, You will still have access to features associated with your paid plan until October 2, and no pro-rata amount with respect to the remaining period i.e. September 6 to October 2 will be refunded.
We take care of security and confidentiality of the documents uploaded by you over the Platform. All documents processed through Platform are stored on a secure online cloud storage, accessible only by authenticated Platform Users upon logging into their accounts. Additionally, a copy of each document is emailed to the respective User.
To ensure the utmost security and privacy, all data is always encrypted during storage and transmission. FlexiSign employs stringent security controls in accordance with compliance frameworks such as ISO 27001: 2013, ISO 27701, GDPR EU, GDPR UK, HIPAA, PIPEDA, Australian DPA, and SOC2 Type 2 standards. The data is stored in a secure cloud environment, and access is restricted exclusively to the Chief Information Security Officer (CISO).
By using FlexiSign, Users agree to these data protection measures and acknowledge the importance of maintaining the confidentiality and security of their Account credentials.
You expressly acknowledge and agree that use of the Platform and Services is entirely at Your own risk and that the Platform, and the Services therein are provided on an “as is” basis, without any warranties of any kind. All express and implied warranties, including, without limitation, fitness for a particular purpose, and non-infringement of proprietary rights are expressly disclaimed to the fullest extent permitted by law. To the fullest extent permitted by law, FlexiSign, its officers, partners, employees, and agents disclaim all warranties, express or implied, in connection with the Services and your use thereof. FlexiSign makes no warranties or representations that-
We may occasionally for brief periods suspend the operations of the Platform for maintenance, updating or support work as we may deem appropriate. We are not liable for any inconvenience, loss or damages that may be caused to you during such periods of suspension. We shall not be or responsible for any –
Without forgoing the generality of the aforesaid, the User is solely responsible for:
This Platform may contain links to other platforms owned and operated by third parties who are not related to the Platform (“Linked Platforms”). The Linked Platforms are not under the control of Platform and Platform is not responsible for the content of any Linked Platforms or any hyperlink contained in a Linked Platform and makes no representation or warranty with respect to the content of any such third-party sites.
Platform provides these links to You for convenience only and the inclusion of any link does not imply any endorsement of the Linked Platforms by Platform. Your link to any such Linked Platforms is entirely at Your own risk. Platform is not a party to any transaction between You and a Linked Platforms. Your use of a Linked Platform is subject to the terms and conditions of that site.
The Platform may also contain third party advertisements, if any. The display of such advertisements does not in any way imply an endorsement or recommendation of the relevant advertiser, its products or services unless specifically mentioned by Platform. You are referred to the relevant advertiser for all information regarding the advertisement and its products or services. Platform accepts no responsibility for any interaction between You and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
You agree to indemnify us and hold us harmless from and against any claims arising out of or relating to: (i) documents and content that You submit or transmit for Services, (ii) Your violation of any rights of any other person in connection with the Platform, (iii) infringement of any third party intellectual property rights, (iv) any breach of the terms and conditions of this Terms of Use, (v) any breach of applicable law and regulation (vi) any representation and warranties made in relation to the Services and (vi) misuse or unauthorized use of the Platform or its content and material.
In no event shall FlexiSign, its officers, partners, employees, or agents, be liable for direct, indirect, incidental, special, consequential or exemplary damages (even if FlexiSign has been advised of the possibility of such damages), resulting from any aspect of Your use of the Platform, including without limitation whether the damages arise from use or misuse of the Platform, from inability to use the Platform, or the interruption, suspension, modification, alteration, or termination of the Platform. Such limitation of liability shall also apply with respect to damages incurred by reason of Services or rendered through or advertised in connection with the Platform or any links on the Platform, as well as by reason of any information, opinions or advice received through or advertised in connection with the Platform or any links on the Platform. These limitations shall apply to the fullest extent permitted by law. You specifically acknowledge and agree that FlexiSign shall not be liable for User details or content or defamatory, offensive, or illegal conduct of any User or third party and that the risk of harm or damage from the foregoing rests entirely with You.
In any event, the total aggregate liability of Platform to You under any applicable law whatsoever for all loss or damage arising out of access to the Platform shall be limited to the subscription fee paid by You on the Platform. In case You have not paid any subscription fee due to Platform’s policy or any other reason, Platform shall not be liable for any loss or damage in whatsoever manner.
The Platform is committed to responsibly handling the information and data we collect through the Platform in compliance with our Privacy Policy. Please refer to our Privacy Policy. The data provided by the Users shall be kept with the administrator of the Platform and may be used subject to terms of Privacy Policy.
The Platform and all the rights including but not limited to intellectual property rights subsisting under or in relation to the Platform are owned by the FlexiSign and its affiliates, subsidiaries, licensors, Users as the case may be. The Platform respects copyright, and we prohibit Users from using the Content for professional gain, commercial purposes or using such content on social media without prior written permission of FlexiSign. All the software, text, images, graphics, logos, trademarks, audiovisual, video and audio used on this Platform belongs to us. No material from this Platform shall be copied, modified, reproduced by way of reverse engineering or any method, republished, uploaded, transmitted, posted or distributed in any form without our prior written permission. Unauthorized use of the content or materials appearing on this Platform may violate copyright, trademark and other applicable laws, and could result in criminal or civil penalties.
If You believe that the Platform contains elements that infringe Your intellectual property rights in Your work, please notify us immediately. If we receive intellectual property right infringement claim notification, and it is felt appropriate, we may remove all such content which is indicated as infringing and/or take any other appropriate action at our discretion. If You believe that material or Products/Services infringes a copyright, You may notify us at support@flexisign.io with the details.
Platform reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services available on the Platform with or without notice. Further, the Platform reserves the right to change these Terms of Use at any time. Platform will send an email to the registered Users in case of any changes in Terms of Use and any other policy. You are responsible to regularly review the Terms of Use. Continued use of the Platform after any such changes shall constitute Your consent to be bound by such changes. Your only right with respect to any dissatisfaction with these Terms of Use; any policy or practice of ours in operating the Platform or any Content available through the Platform, is to exercise discontinuation of usage of Platform.
Any complaints regarding Services will be resolved through email between You and the Platform as the case may be. You shall email us on support@flexisign.io in order to register your complaint. In case You notice any Content which is inappropriate, offensive, indecent or objectionable with respect to religious values, caste, culture, nationality, beliefs You shall email us on the provided email id.
You may get access to live chat rooms, emails, and other feature (“Ancillary Services”) that are offered from time to time on the Platform and may be operated by us or by a third party on our behalf. You shall not use these Ancillary Services to perform any illegal activities (including without limitation legal rights, such as right of privacy of others or immoral activities, falsely stating or otherwise misrepresenting Your affiliation with a person or entity. The Platform reserves the right to remove any live chats, comments or information provided by you if the Platform considers this inappropriate.
We follow ethical business practices and intend to provide the content, which is authorized, relevant and applicable and does not infringe any third party’s rights. You acknowledge that Platform does not make any representations or provide any warranties about the material, data, and information, such as data files, text, facts and figures, computer software, code, audio files or photographs, or other images that is shared by Users or any other content provider (collectively, the “Content”) which You may have access to as part of the Platform, or through Your use of this Platform. Under no circumstances, Platform is liable in any way for any Content, including, but not limited to any infringing Content, any errors or omissions in Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, linked from, or otherwise accessible through or made available via Platform. You understand that by using this Platform, You may be exposed to Content that You may consider inappropriate, dangerous, offensive, indecent, or objectionable due to religious values, culture, caste, nationality, beliefs or due to any other reason. In case You notice any violation of Your intellectual property rights, You shall register Your complaint through email to the Platform support@flexisign.io After registering the complaint, Platform will take appropriate legal actions against such incidence including removal of such Content.
You represent, warrant, and agree that no content or details shared by You with Platform violates or infringes upon the rights of any third party, including any patent, copyright, trademark, privacy, publicity, or other personal or proprietary rights, breaches or conflicts with any obligation, such as a confidentiality obligation, or contains libelous, defamatory, or otherwise unlawful material.
You grant us a personal, limited, revocable, nontransferable, royalty-free and non-exclusive right to use the content and details including but not limited to blogs, , audio, video, trademarks, service marks, logos, written or video testimonials, feedback, comments etc. submitted by You (“Your Content”) for providing Services on the Platform, You also grant us the right (i) to display Your Content and details on the Platform (ii) promote or distribute it for the access of other Users.
You agree that You are solely responsible for Your Content made available by You through the Platform including but not limited to any liabilities arising out of any third-party infringement claims. You understand, acknowledge and agree that You are not eligible to receive any compensation in whatsoever manner.
We reserve the right to screen, refuse to post, remove or edit Your Content at any time and for any or no reason in our absolute and sole discretion without prior notice, although we have no duty to do so or to monitor any public forum. If we elect to screen Your Content, there may be a delay in posting of such content in a public forum to allow for a review process. If we have questions about Your Content including, without limitation, the copyright, we may contact You for further information including, for example, to verify that You own the copyright or otherwise obtain necessary permission to post the material.
You agree not to engage in any of the following activities:
You shall not (a) use the Platform for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including but not limited to, by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.
You shall not use the Platform, or any information provided through the Platform for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, or any other form of unsolicited or unwelcome solicitation.
You shall not use the Platform in any manner that could disable, overburden, damage, or impair the Platform, or interfere with any other party’s use and enjoyment of the Platform; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Products or Services on the Platform, or violating any regulation, policy, or procedure of any network, equipment, or server.
You shall not share or transmit Content or details that are harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You shall not intimidate or harass another through the Platform; and, You may not post or transmit any personally identifiable information about persons without obtaining such person’s express permission to so through the Platform.
You shall not impersonate another person or entity or misrepresent Your affiliation with a person or entity when using the Platform. You shall not use or attempt to use another’s account or personal information; and, You shall not attempt to gain unauthorized access to the Platform, or the computer systems or networks connected to the Platform, through hacking password mining or any other means.
If the Platform is used or accessed from anyplace outside India, it is entirely at your own risk. The Platform makes no representation that its content and other features are available or otherwise suitable for use outside India.
Once You purchase a subscription plan, it will automatically renew either on a monthly, annually or 5 year billing cycle, depending on the chosen plan, unless specified otherwise. To stop automatic renewal, You can opt one of the following actions before the end of the current subscription period:
However, Your right to access and use the Platform terminates automatically upon Your material breach of any of the terms of these Terms of Use. Platform reserves the right to modify or discontinue Your Account at any time for any material breach of the obligations under these Terms of Use.
Survival: The disclaimer of warranties, the limitation of liability, indemnity and the jurisdiction and applicable law provisions shall survive any termination.
Choice of Law and Jurisdiction: These Terms of Use are governed by and construed according to the laws of India, the acceptance of the Terms of Use shall be deemed to have been given at Mumbai, Maharashtra and the courts in Mumbai shall have exclusive jurisdiction to entertain any proceedings in any way relating to or concerning these Terms of Use or any rights, duties, obligations or liabilities arising there under to the exclusion of all other courts in India.
Force Majeure: Without limiting the foregoing, under no circumstances shall the Platform is held liable for any damage or loss due to deficiency in performance of Services or delay in delivery of Product resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication equipment failures, software failures, machinery breakdown, strike, or due to government regulations, floods, storms, electrical failure, civil disturbances, riots and any other reason beyond reasonable control of the Platform.
No waiver: The Platform’s failure to insist on or enforce strict performance of any of the terms of these Terms of Use shall not be construed as a waiver of any provision or right.
Severability: If any part of these Terms of Use is held to be invalid or unenforceable by any law or regulation or final determination of a competent court or tribunal, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.
No agency relationship: You agree that no joint venture, employment, or agency relationship exists between You and the Platform as a result of these Terms of Use or from Your use of the Platform or listing.
Entire agreement: These Terms of Use and Privacy Policy constitute the entire agreement between You and the Platform relating to this subject matter and supersede any and all prior communications and/or agreements between You and the Platform relating to this subject matter.
I ACCEPT
