Last Updated: November 17, 2022
Effective on: November 18, 2022
ATTENTION: BY ACCESSING OR USING Bitrix24 Sign AND THE WEBSITE (AS DEFINED BELOW) PROVIDED BY BITRIX24 YOU HEREBY ACCEPT THESE
ADDITIONAL TERMS OF SERVICE (FURTHER “TERMS”), AND
THE PRIVACY POLICY.
THESE TERMS CONTAIN A CLASS ACTIONS WAIVER GOVERNING DISPUTES ARISING FROM USE OF THE BITRIX24 WEBSITE, SERVICES, AND PRODUCTS, WHICH AFFECTS YOUR LEGAL RIGHTS AS DETAILED IN THE WAIVER OF CLASS ACTION SECTION BELOW.
Unless otherwise defined in this Terms for Bitrix24 Sign, capitalized terms will have the meaning given to them in the
Terms of Service. The following terms apply to Bitrix24 Sign as set out below:
DEFINITIONS
“Bitrix24 Sign” means an additional function of the Bitrix24 service which is a cloud-based solution, allowing you to send Electronic documents for viewing, approving, or signing them with electronic signature.
“Signer” means a person (whether an individual natural person of representative acting on behalf of a legal entity or organization) designated by a User to access and/or take action upon the Electronic document via Bitrix24 Sign.
“Service” means software environment created by Bitrix24, which establishes the facilities for providing Bitrix24 Sign.
“User” of a Bitrix24 Customer means an individual natural person who is permitted by Bitrix24 Customer to use Bitrix24 Sign under these Terms and the
Terms of Service.
“Website“ means websites (sign.bitrix24.com, sign.bitrix24.eu, and all other Bitrix24 domains) designated for signing purposes via Bitrix24 Sign.
“Website Visitor“ means a Bitrix24 Customer’s client (whether an individual natural person or a representative acting on behalf of a legal entity or organization), who is invited by User for viewing, approving, or signing of the Electronic document via the Bitrix24 Sign. Website Visitor accesses the Website without registering and/or logging on the Service or on the Website.
“Electronic document(s)“ means any document generated by electronic means, such as a contract or notice, conveyed to any third party and deposited into Bitrix24 Sign for processing.
“Certificate of completion“ means a document generated upon completion of the signing of the Electronic document and capturing the information specified in section 3.2. of these Terms.
1. Acceptance of the Terms.
1.1. These Terms are a legal agreement between Bitrix24, Bitrix24 Customers and their Users and Website Visitors, regarding access to and use of Bitrix24 Sign and the Website. Bitrix24 Customers, their Users, and Website Visitors may be referred to in these Terms as “you” and “your” as applicable.
1.2. By accessing and using Bitrix24 Sign, the Website, or Service, you agree to be bound by and to accept these Terms, the Terms of Service, and all terms and conditions contained and/or referenced herein or any additional terms and conditions set forth in these Terms whether on behalf of yourself or a legal entity or an organization you represent.
1.3. The Terms may be updated by Bitrix24 from time to time without notice. In case of the major changes, you will be provided with an advance notification of the changes through a prominent notice within the Service and/or by email communication. The amended Terms will take effect upon the date mentioned above on the top of this page, unless otherwise provided in a notification to you. Please check these Terms periodically for changes.
1.4. Failure to provide or maintain accurate or current contact information by you will not obviate your responsibility to comply with these Terms, as amended from time to time.
1.5. If you do not agree to any changes to these Terms, you must discontinue using and no longer access Bitrix24 Sign and the Website. Your continued use of Bitrix24 Sign and the Website indicates your agreement to the changes.
1.6. Bitrix24 reserves the right to make changes, terminate, or restrict access to Bitrix24 Sign and the Website at any time without notice at its sole discretion.
2. Your Representations.
2.1. You agree to use Bitrix24 Sign and the Website only for your internal business purposes permitted by these Terms as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. BITRIX24 IS NOT RESPONSIBLE FOR ANY VIOLATION OF APPLICABLE LAWS, RULES, OR REGULATIONS COMMITTED BY YOU OR A THIRD PARTY AT YOUR BEHEST. IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOUR USE OF BITRIX24 SIGN AND THE WEBSITE DO NOT CONTRAVENE APPLICABLE LAWS, RULES, OR REGULATIONS. Specifically, you agree and warrant that in using Bitrix24 Sign and the Website your actions do not contravene the laws, rules, or regulations of (1) the country, state, or locality where you reside, or (2) the country, state, or locality where Bitrix24 is located or operates. This includes complying with applicable export and import restrictions as well as other restrictions.
2.2. You agree not to access (or attempt to access) Bitrix24 Sign and the Website by any means other than through the means provided by Bitrix24. You agree not to access or attempt to access Bitrix24 Sign and the Website by way of automated means and that you will not engage in any activity that interferes with or the Service, Bitrix24 Sign, or the Website.
2.3. Further, you agree:
a. not to disrupt or interfere or otherwise cause harm to Bitrix24 Sign and the Website, or other Bitrix24 affiliated or linked sites or Products;
b. not to use or attempt to use another user’s User Account, password, or system; and
c. not to access or attempt to access the User Content, which you are not authorized to access under the Terms of Service.
2.4. If anyone other than yourself accesses your User Account, they may perform any actions available to you, make changes to your User Account, and accept any legal terms available therein, make various representations and warranties and more - and all such activities will be deemed to have occurred on your behalf and in your name.
2.5. You acknowledge and agree that:
2.5.1. Bitrix24 Sign is provided "as is" and “as available” and Bitrix24 does not guarantee that any of its features or functions will meet your expectations;
2.5.2. Processing of the Personal Information (as defined below) of users and their users-of-users by Bitrix24 is required for the use of Bitrix24 Sign and is carried out with their consent;
2.5.3. Customer shall obtain the consent of the Signers to transfer his data to Bitrix24 and receive notifications from Bitrix24 related to the use of Bitrix24 Sign. Customer shall confirm the existence of such consent upon Bitrix24 request.
2.5.4. Nothing in these Terms may be interpreted as to make Bitrix24 a party to any Electronic document processed through Bitrix24 Sign, and Bitrix24 makes no representation or warranty regarding the transactions which may occur in connection with any Electronic document;
2.5.5. Customer has exclusive control over their Electronic document and is the only one responsible for its content and format. Bitrix24 has no control of or access to their contents except to the extent such access is made available by Customer to Bitrix24 by explicit actions;
2.5.6. Some categories of agreements and documents may not be allowed to execute with electronic signatures due to laws or regulations of the government agencies regarding electronic signatures and electronic records. It is your responsibility and not Bitrix24 to determine whether any particular Electronic document may be signed with Bitrix24 Sign.
2.5.7. Bitrix24 is not responsible or liable if any particular Electronic document signed with Bitrix24 Sign is subject to an exception to applicable electronic signature laws and/or cannot be legally formed by electronic signatures;
2.5.8. Bitrix24 is not responsible for tracking or defining the storage terms for any contracts or documents under any applicable laws, regulations, or legal or administrative agency procedures;
2.5.9. Bitrix24 is not responsible for providing any of Customer’s Electronic documents or other documents to any third parties;
2.5.10. Customer shall determine if any “consumer” is involved in any Electronic document presented by its Users for signing, and, if so, is obliged to comply with all consumer protection or similar laws or regulations with respect to electronic transactions, Electronic documents, or their formation. Bitrix24 is not obliged to obtain any consents from them, provide any information, copies, or access to them;
2.5.11. Bitrix24 is not obliged to verify or authenticate the identity of Signers and Bitrix24 does not provide any methods or processes for verification and/or authentication of a Signer’s identity or for authentication of an Electronic document; and
2.5.12. Bitrix24 does not check the authorities of the parties signing any Electronic document and under no circumstances can it be held liable if an Electronic document signed by means of Bitrix24 Sign is declared invalid.
3.Safeguard Measures.
3.1. Communication channels and confirmation codes.
3.1.1. Bitrix24 use an additional method for ensuring the security/ reliability of your electronic signature, which includes sending a confirmation code through different communication channels (email address or mobile phone number), specified by User as belonging to a Signer.
3.1.2. User may opt to deliver Bitrix24 Sign notifications and Electronic documents notifications through Signer’s email address or mobile phone number by text messages (“SMS”).
3.1.3. Signers represent that they are authorized to receive SMS to their mobile numbers for the purpose of using Bitrix24 Sign. Signers acknowledge that mobile network operators may charge them for messages and data in accordance with their agreements with a provider of mobile network when SMS notifications are chosen.
3.1.4. You acknowledge that services of the mobile network operators are outside of Bitrix24 control and we may not be held liable or be responsible for any issues connected to such services.
3.1.5. You acknowledge that Bitrix24 will not be liable for failure of delivery of notifications, Electronic documents, or any connected content through SMS, any delays in transmission of SMS, or for any measures implemented by your mobile network operator which may impact the sending or receiving of SMS while using Bitrix24 Sign.
3.2. Certificate of completion.
3.2.1. Upon completion of the signing process an Electronic document is generated with the addition of a Certificate of completion containing the following information (further “Metadata”):
- Document ID;
- Signers’ names;
- time and date of signing;
- Identifier (which is a communication channel through which the confirmation code is sent);
- IP addresses of the Signers;
- QR code for the integrity check;
and any other information that Bitrix24 may deem appropriate.
3.2.2. Bitrix24 may store (retain) Metadata, associated with fully signed Electronic documents, that can serve both as an audit trail and proof of transaction. Bitrix24 stores Metadata for as long as it has a business purpose to do so.
3.3. Integrity check.
You can check the integrity of an Electronic document signed via Bitrix24 Sign by means of the QR code specified in the Certificate of completion.
4. Electronic Documents storage and deletion.
4.1. Storage.
4.1.1. Bitrix24 stores fully executed (completed) Electronic documents under this Terms for fourteen (14) calendar days. During that period you should download the Electronic document from the notification following the link that will be forwarded through chosen communication channel upon completion of signing process prior to its deletion by Bitrix24 to avoid the loss of it. Bitrix24 is not responsible for any your losses or damages occurred in relation to the absence of access to the Electronic document beyond the specified period.
4.1.2. Bitrix24 stores Customer’s Electronic documents inside the Bitrix24 Customer Account during a commercial subscription term. Customer may store or download their Electronic documents for storage outside of the Service at any time during the commercial subscription term, and may delete its Electronic documents from the Service at any time at their own discretion. Bitrix24 may set and impose storage limits to prevent misuse or unduly burdensome use of the Service, Bitrix24 Sign, and the Website.
Upon expiration of the commercial subscription term Bitrix24 has no obligations to store Customer’s Electronic documents and will delete them within a reasonable time frame.
4.2. Uncompleted Electronic documents.
Bitrix24 will delete any uncompleted Electronic document from the Service fourteen (14) calendar days after sending an invitation to proceed with such Electronic document.
4.3. Deletion.
4.3.1. Any User with access has the ability to delete Electronic documents from the Service at its own discretion.
4.3.2. Bitrix24 will delete all Customer’s Electronic documents (both completed and not) from the Service along with a Bitrix24 Customer Account upon: (1) Bitrix24 Customer Account deletion, (2) the expiration of the commercial subscription term, (3) upon termination of the Terms of Service.
4.3.3. Customer acknowledges and agrees that Bitrix24 has no obligation to protect any data connected with Electronic documents, including Personal Information (as defined below), if Customer had elected to transfer such data or Electronic documents outside of Bitrix24 Sign (e.g., offline or on-premise storage).
5. Customer Care.
Bitrix24 provides support to the users in accordance with the procedures set forth in https://helpdesk.bitrix24.com/ticket.php.
6. Customer Responsibilities.
It is the Customer’s responsibility to: (1) configure Bitrix24 Sign depending on Customer’s needs; (2) implement and use appropriate measures, including any security measures, for the purposes of protection and backup of Electronic documents and any data connected with regard to using Bitrix24 Sign, which can include management of Users’ access to Bitrix24 Sign, retention control, or deletion of Electronic documents from the Service.
7. Term and Termination.
7.1. The term of these Terms shall begin when you start using Bitrix24 Sign and the Website and shall continue so long as you continue to use Bitrix24 Sign and the Website, unless otherwise terminated by Bitrix24 or you on conditions provided herein or in the Terms of Service.
Bitrix24 reserves the right to change, suspend or discontinue Bitrix24 Sign and the Website or any part thereof, or terminate these Terms with you at any time, upon notice, and without any liability to Bitrix24 whatsoever. In such cases, Bitrix24 has no obligation to make any refunds as set forth in section 7.2 of the Terms of Service.
7.2. Without prejudice to any other rights, these Terms will terminate automatically (except for those provisions that shall survive): (1) if you fail to comply with any of the limitations or other requirements described herein, (2) if we have reasons to believe that your use of the Website or Bitrix24 Sign (or any part thereof) may create risks for Bitrix24 business, (3) if any third-party software, service, or technology used for the operation of Bitrix24 Sign terminates or substantially changes their provision terms, (4) if there are any critical amendments in the current legislation or regulations of state bodies that affect Bitrix24 which result in impossibility or excessively difficult provision of Bitrix24 Sign, (5) in the force majeure circumstances (Force Majeure) as described in the Terms of Service.
7.3. Upon termination of these Terms (1) Bitrix24 is no longer obliged to provide Bitrix24 Sign to you, and (2) you must immediately cease using Bitrix24 Sign and the Website, including without limitation any use of the Bitrix24’s Intellectual Property (as defined in the Terms of Service).
7.4. Termination for Website Visitors.
If you are a Website Visitor you can terminate Bitrix24 Sign and the Website usage simply by discontinuing its utilization at any moment. Bitrix24 may terminate or suspend your use of Bitrix24 Sign and the Website by restricting your access to the Website with or without cause, including for violation of these Terms or the Terms of Service, at its sole discretion.
8. Unlawful or prohibited use.
8.1. You may not use Bitrix24 Sign and the Website for any purpose that is unlawful, prohibited by these Terms or the Terms of Service, or in any way interferes or attempts to interfere with the proper working of the Service, Bitrix24 Sign, and the Website. You may not use the Bitrix24 Sign and the Website in any manner that could damage, disable, overburden, or impair Bitrix24 Sign and the Website or that interferes with any third party’s use and enjoyment of Bitrix24 Sign and the Website.
8.2. You agree that you:
a. will not use any software that intercepts, “mines,” “hacks” or accesses, or collects any information through Bitrix24 Sign and the Website about Bitrix24, other users or anyone else without permission;
b. will not institute, assist, or become involved in an attack upon any Bitrix24 server or otherwise attempt to disrupt the Bitrix24 servers, which would be a violation of criminal and civil laws; and should such an attempt be made or assistance for such an attack be provided, Bitrix24 reserves the right to seek damages from whoever (whether user or Website Visitor or else) to the fullest extent permitted by law;
c. will not submit, transmit or display any disparaging information about Bitrix24, Bitrix24 Sign and the Website or any third party in a context which may be deemed as defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, encouraging criminal or harmful conduct, discriminates against, or is in any way defamatory of, any person, group, or class of persons; race; gender; religion; nationality; disability; sexual orientation; or age; or which otherwise violates the Bitrix24’s Intellectual Property or the rights of any third party; and
d. will not upload to Bitrix24 Sign and the Website or otherwise use them to design, develop, distribute and/or otherwise transmit or execute, any virus, worm, Trojan Horse, time bomb, web bug, spyware, malware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
e. will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of any Bitrix24 services or products, or Bitrix24's systems, or networks connected to the Bitrix24 services or products, or otherwise interfere with or disrupt the operation of any of the Bitrix24 services or products or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
f. will not use Bitrix24 Sign and the Website in connection with any form of spam, unsolicited mail, fraud, scam, phishing, “chain letters,” “pyramid schemes” or similar conduct, or otherwise engage in unethical marketing or advertising; and
g. will not illegally collect or attempt to collect personal, sensitive, or billing information from other users or Website Visitors.
8.3. If you violate any provision of these Terms or engage in any other behavior Bitrix24 deems abusive or inappropriate, Bitirx24 may take action against your Bitrix24 Customer Account. Bitrix24 reserves the right to remove any User Content and/or Electronic document and suspend your Bitrix24 Customer Account without any refund of any amounts paid for the Service or Bitrix24 Sign (if any) without notice, at any time and for any reason. Bitrix24 reserves the right to enforce, or not enforce, these Terms and the Terms of Service in its sole discretion
9. Export Control and Compliance with Laws.
9.1. Bitrix24 Sign and the Website are subject to the United States and European Union export controls and economic sanctions laws and regulations, including but not limited to, the United States Export Administration Regulations (“EAR”), regulations promulgated by the US Department of the Treasury’s Office of Foreign Assets Control (“OFAC”), and regulations promulgated by the Council of the European Union (“EU”). Customer acknowledges and agrees Bitrix24 Sign may not be exported or re-exported (i) into (or to a national or resident of) U.S.-embargoed country or region (currently: Crimea Region of Ukraine and Covered Regions of Ukraine - Donetsk People's Republic (DNR) and Luhansk People's Republic (LNR), Cuba, Iran, North Korea, and Syria) or any other embargoed and restricted countries or territories as may be amended from time to time in accordance with legislation in force; or (ii) to any blocked or denied person, or prohibited end-user under OFAC’s list of Specially Designated Nationals, EAR’s lists or the EU regulations. By using Bitrix24 Sign and the Website you represent and warrant that you are not located in, under the control of, or a national or resident of any such embargoed or restricted country or territory or not named on any such list.
9.2. You and Bitrix24 agree to comply with applicable export controls and sanctions laws and regulations, and all other laws, rules, and regulations applicable to the parties under this Terms.
You agree to notify Bitrix24 immediately, in case you become subject to any export control and sanctions regulations.
Bitrix24 reserves the right to restrict access to Bitrix24 Sign and the Website at any time without notice in accordance with such laws and regulations.
10. Personal data protection.
10.1. All personally identifiable information (“Personal Information”) that Bitrix24 may use will be collected, processed, and held in accordance with the provisions of the local Data Protection legislation of Virginia, EU Regulation 2016/679 General Data Protection Regulation (“GDPR”), and user’s rights under the Data Protection Legislation. You can find more information about our GDPR compliance on our GDPR section.
10.2. Please read the Privacy Policy (the “Privacy Policy”), which describes how Bitrix24 collects, uses, discloses, manages, and stores users’ Personal Information.
10.3 Bitrix24 processes any users-of-users Personal Information subject to the applicable Data Protection Legislation (as defined in the DPA), on Customer’s behalf, under Customer’s instructions in the provision of the Bitrix24 Sign and the terms of the Data Processing Agreement (the “DPA”), which are hereby incorporated by reference, and the parties agree to comply with such terms.
10.4. Customer is responsible for and must secure all necessary consents, notices, and permissions to collect, use, share, post, transmit, and publish content and Personal Information of any person, which is part of the signing process, under all applicable laws, including maintaining a published privacy policy, and otherwise complying with all laws applicable thereto.
10.5. If you are a Website Visitor, user, or customer of any of our Customers, and would like to make any requests or queries regarding your Personal Information, please contact such Customer directly. For example, if you wish to access, correct, amend, or delete inaccurate information processed by Bitrix24 on behalf of its users, please direct your query to the relevant user (who is the "Controller" of such data). If requested to remove any users-of-users Personal Information, we will respond to such request within thirty (30) days.
10.6. Customers must only use the personal data of Website Visitors or other users to the extent necessary to complete a transaction, to communicate about a specific transaction, and/or to respond to messages from them. You may not add any Website Visitor and/or user to a mailing list, use their data for marketing, or retain any payment details. You may only use another user’s and Website Visitor’s Personal Information for additional purposes with their consent.
11. Applicable Law.
These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia without regard to its conflict of laws rules. You agree to the exclusive jurisdiction of the courts of the Commonwealth of Virginia for any claim or cause of action arising out of, or relating to or in connection with these Terms, the Service, Bitrix24 Sign, or the Website.
12. Early Dispute Resolution.
Most disputes, differences, or controversies of whatever nature between the parties, howsoever arising under, out of or in relation to this Terms can be resolved amicably without resorting to legal action. If a dispute arises, you should first submit us written notification at info@bitrix24.com and state a description of the dispute and any other necessary information (“Notice of Dispute”). The parties shall make good faith efforts to resolve the dispute by mutual agreement within thirty-five (35) business days following receipt of the Notice of Dispute before proceeding to any legal action.
13. Class Action Waiver.
EACH PARTY HERETO WAIVES ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY, AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR IS AGAINST PUBLIC POLICY. If any of the foregoing provisions is determined by a court or arbitrator to be inapplicable or unenforceable with respect to a dispute, you and we agree that, subject to the foregoing arbitration provisions, jurisdiction over and venue of any suit will be exclusively in the courts of the Commonwealth of Virginia.
Bitrix24 will not seek attorney’s fees and costs, unless the court determines that your claims are frivolous. Unless the arbitration rules and/or applicable law provide otherwise, you are responsible for your own attorneys' fees.
14. Severability.
These Terms will be enforced to the fullest extent permitted by applicable law. If for any reason any provision of these Terms is held to be invalid or unenforceable under applicable law to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision and (b) such invalidity or unenforceability will not affect any other provision of these Terms.
