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DocuSign

docusign.com

13 flagged clauses across 7 risk dimensions

D
⏱️
0min

to read this ToS

DocuSign's fine print is longer than you think.

🐝Longer than the entire Bee Movie.

Caffeine required:

The 5 things you actually need to know

  • 1

    They can use your submitted content (ideas, feedback) to improve their services, forever, worldwide, and for free.

  • 2

    You agree to arbitration, not court, and waive your right to join class actions. Tough luck if you disagree.

  • 3

    They can train AI on your data unless you actively opt-out via specific settings. Check the AI Attachment.

  • 4

    No refunds, unless legally required or within the first 30 days of an annual plan (and they consider it).

  • 5

    They can change these terms anytime and won't tell you, but you're stuck with it if you keep using the app.

Generated by AI from the actual contract — but for the lawyer-level breakdown, scroll down 👇

🤖

AI training

2 flags
  • Severity 4
    "Uses, or allows third parties to use, the Site (including any architectures, models, or weights which is considered our confidential and proprietary information, or any content, data, output, or other information received or derived from the Site, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithm or artificial intelligence system that mimics or performs any function substantially similar to any function of the Site; or"

    DocuSign uses or allows third parties to use its Site, including confidential information and data, to train AI systems that perform functions similar to its own.

    Your data may be used to train AI models, potentially impacting the privacy and security of your information.

  • Severity 3
    "For clarity, Docusign Services that utilize or integrate with AI Services (defined in the AI Attachment for Docusign Services) are subject to the Additional Service Terms set forth in the AI Attachment for Docusign Services, which may include consent to use Customer Data to improve Docusign Services and AI Services, including without limitation, to train artificial intelligence algorithms and machine learning models."

    DocuSign Services that use AI may use your Customer Data to improve those services and AI algorithms, including machine learning models.

    Your data may be used to train AI models, potentially impacting the privacy and security of your information.

🔄

Auto-renewal

2 flags
  • Severity 3
    "BY COMPLETING PURCHASE OF A SUBSCRIPTION PLAN, YOU AUTHORIZE US AND OUR AGENT TO CHARGE YOUR PAYMENT METHOD (“AUTHORIZATION”) FOR: (a) THE APPLICABLE SUBSCRIPTION PLAN CHARGES, INCLUDING FOR ANY RENEWAL TERM OF THE SUBSCRIPTION PLAN;"

    By purchasing a subscription, you authorize DocuSign to charge your payment method for the subscription fees, including any renewal term.

    You authorize DocuSign to automatically charge your payment method for subscription renewals.

  • Severity 3
    "If you purchase a Subscription Plan you agree to pay the then-current fee associated with the Subscription Plan, and understand it will automatically renew for the same time period (“Renewal Term”) unless: (a) you cancel your Subscription Plan or terminate your Account at least five (5) business days in advance of the end of the then-current Subscription term; (b) you set your Account not to auto-renew through the administrative console in the Docusign Service (if such capability is available) or contacting us here: (https://support.docusign.com);"

    DocuSign automatically renews your subscription for the same period unless you cancel at least five business days before the term ends or disable auto-renewal.

    You will be charged for another subscription term if you do not actively cancel before the renewal date.

💸

Price hikes

2 flags
  • Severity 3
    "We reserve the right to change the prices for or alter the options applicable to Subscription Plans available for purchase without prior notice, provided that for customers on existing Subscription Plans, such changes will only take effect upon renewal of such Subscription Plan in accordance with clause 4.4.2 below."

    DocuSign can change subscription plan prices or options without notice for new plans, but changes for existing plans only take effect upon renewal.

    DocuSign can increase prices or change features upon your subscription renewal with limited advance notice.

  • Severity 3
    "We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your Subscription Plan to the fullest extent permitted under applicable laws. We may also recommend that you purchase a new Subscription Plan that is comparable to your previous Subscription Plan that is ending. Before we change the fees and charges in effect, or add new fees and charges, we will give you advance notice of at least thirty (30) days. If we provide you such advance notice, unless prohibited by applicable laws, your continued use of the Docusign Services after the changes have been made will constitute your acceptance of the changes."

    DocuSign will provide at least 30 days' notice before changing fees or features, and your continued use after changes constitutes acceptance.

    You may be charged more or have fewer features after 30 days' notice if you continue using the service.

🌍

Data residency

clear

No flags in this category.

🚪

Termination friction

3 flags
  • Severity 3
    "If you purchased your Subscription Plan through an external service, such as an App Store, you must use the tools made available by those services to manage and/or terminate your Subscription Plan."

    If you purchased your subscription through an external service like an App Store, you must use that service's tools to manage or terminate your subscription.

    You cannot cancel directly with DocuSign if you subscribed through a third-party platform like an app store.

  • Severity 3
    "If a you are in default, we may, without notice: (i) suspend your Account and use of the Docusign Services; (ii) terminate its Account; (iii) charge reactivation fees in order to reactivate its Account; and (iv) pursue any other remedy available to us."

    DocuSign may suspend or terminate your account and charge reactivation fees if you are in default.

    Your account could be suspended or terminated, and you might have to pay fees to get it back if you fail to meet your obligations.

  • Severity 3
    "In the event Docusign terminates these Terms owing to any actual or suspected fraudulent or other unlawful use by an Account owner of the Docusign Services, notwithstanding anything contrary elsewhere in these Terms, Docusign may retain certain information of such terminated Account and use the retained information for its internal purposes including fraud detection and prevention, dispute resolution, investigations, and legal compliance for the period necessary to fulfill the foregoing purposes."

    If DocuSign terminates your account for fraudulent or unlawful use, it may retain your information for internal purposes like fraud detection and legal compliance.

    DocuSign may keep your data even after account termination if they suspect misuse, for their internal investigations.

⚖️

Liability caps

2 flags
  • Severity 4
    "Cap on Damages. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THESE TERMS OR TO YOUR USE OF THE SITE (INCLUDING DOCUSIGN SERVICES) OR INFORMATION WE SUPPLY YOU (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DOCUSIGN FOR THE DOCUSIGN SERVICE(S) GIVING RISE TO THE CLAIM UNDER THESE TERMS DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER."

    DocuSign's total liability for any claim related to its services is capped at the amount you paid in the 12 months before the claim, or $100, whichever is greater.

    Your ability to recover damages from DocuSign for issues with their service is limited to the amount you paid them in the prior year or $100.

  • Severity 4
    "SPECIFIC CAP ON DAMAGES. SUBJECT TO APPLICABLE LAW AND SECTION 9.4, NOTWITHSTANDING SECTION 9.2 (CAP ON DAMAGES), OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO DOCUSIGN SERVICES PROVIDED UNDER THIS SECTION (INCLUDING WITHOUT LIMITATION WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL OR EQUITABLE THEORY, WILL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO DOCUSIGN FOR THE DOCUSIGN SERVICE(S) GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE OF THE FIRST EVENT GIVING RISE TO LIABILITY, OR $100, WHICHEVER IS GREATER."

    DocuSign's total liability for any claim related to its services is capped at the amount you paid in the 12 months before the claim, or $100, whichever is greater.

    Your ability to recover damages from DocuSign for issues with their service is limited to the amount you paid them in the prior year or $100.

🛡

Indemnification

1 flag
  • Severity 3
    "You will defend, indemnify, and hold us, our Affiliates, officers, directors, employees, suppliers, consultants, and agents harmless from any and all third-party claims, liability, damages, and costs (including, but not limited to, attorneys' fees) arising from or related to, as applicable: (a) your access to and use of the Site (including the Docusign Services); (b) violation of these Terms by you; (c) infringement of any intellectual property or other right of any person or entity by you; (d) the nature and substance of all documents, data, or other content uploaded by you to the Site (including the Docusign Services); or (e) any products or services purchased or obtained by you in connection with the Site (including the Docusign Services)."

    You must defend and indemnify DocuSign against third-party claims arising from your use of the Site, violation of terms, or infringement of rights.

    You are responsible for covering DocuSign's legal costs if a third party sues them because of your actions or content.

👻

Silent term changes

1 flag
  • Severity 3
    "We may revise these Terms, including changing, deleting, or supplementing with additional terms and conditions from time to time in our sole discretion, including to reflect changes in applicable law. We will post the revised terms on the Site with a “last updated” date. PLEASE REVIEW THIS WEBSITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE SITE OR THE DOCUSIGN SERVICES AFTER THE REVISIONS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS."

    DocuSign can change these Terms at any time and will post revised terms online; continued use after changes means you accept the new terms.

    DocuSign can change the contract terms unilaterally, and your continued use implies your agreement to the new terms.

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