Terms of Service
These Terms of Service ("Terms") govern your use of the ePencil electronic signature platform operated by Penny Nomad LLC ("ePencil," "we," "us," or "our"). By creating an account or using ePencil, you agree to these Terms.
1. Acceptance of Terms
By accessing or using ePencil, you confirm that you are at least 18 years old, have the legal authority to enter into these Terms, and agree to be bound by them. If you are using ePencil on behalf of an organization, you represent that you have authority to bind that organization.
2. Description of Service
ePencil provides a web-based electronic signature platform that allows users to upload documents, obtain electronic signatures, conduct live guided signing sessions, and manage signing workflows. Features vary by subscription plan.
3. Account Registration
You must create an account to use ePencil. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate information and to update it as necessary.
4. Acceptable Use
You agree not to use ePencil to:
- Obtain signatures through fraud, misrepresentation, or coercion
- Upload documents containing illegal, harmful, or offensive content
- Violate any applicable law or regulation
- Infringe on the intellectual property rights of others
- Attempt to gain unauthorized access to our systems
- Resell or redistribute the platform without written permission
5. Electronic Signatures
ePencil facilitates electronic signatures that comply with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA). You are responsible for ensuring that your use of electronic signatures complies with applicable laws for your specific use case. ePencil does not provide legal advice.
6. Document Retention
Signed documents are retained on ePencil's servers. You are responsible for downloading and retaining copies of signed documents for your own records. ePencil is not responsible for document loss due to account termination, technical failures, or other circumstances.
7. Subscription and Billing
Paid plans are billed monthly or annually as selected. Subscriptions automatically renew unless cancelled. You may cancel at any time through the billing portal. Refunds are not provided for partial subscription periods. We reserve the right to change pricing with 30 days notice.
8. Free Plan Limitations
Free accounts are limited to 3 documents per month. We reserve the right to modify free plan limitations at any time.
9. Intellectual Property
ePencil and its features, including the live guided signing session technology (Patent Pending), are the intellectual property of Penny Nomad LLC. You retain ownership of documents you upload. By using ePencil, you grant us a limited license to process your documents solely to provide the service.
10. Limitation of Liability
ePencil is provided "as is" without warranties of any kind. To the maximum extent permitted by law, Penny Nomad LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service. Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.
11. Indemnification
You agree to indemnify and hold harmless Penny Nomad LLC from any claims, damages, or expenses arising from your use of ePencil, your violation of these Terms, or your violation of any third-party rights.
12. Termination
We reserve the right to suspend or terminate your account at any time for violation of these Terms. You may terminate your account at any time by contacting support@epencil.online. Upon termination, you should download all signed documents before your account is closed.
13. Governing Law
These Terms are governed by the laws of the State of Wyoming, without regard to conflict of law principles. Any disputes shall be resolved in the courts of Wyoming.
14. Changes to Terms
We may update these Terms from time to time. We will notify you of material changes by email or platform notice. Continued use of ePencil after changes constitutes acceptance of the updated Terms.
15. Contact
For questions about these Terms, contact us at:
ePencil (Penny Nomad LLC)
Email: support@epencil.online