Terms and Conditions

1. Agreement and Eligibility

These Terms and Conditions (the “Terms”) are a legal agreement between you and Bitopia Inc., doing business as Inkless Docs (“Inkless Docs,” “we,” “us,” or “our”). They govern your access to and use of the Inkless Docs websites, applications, electronic-signature tools, application programming interfaces, integrations, and related services (collectively, the “Service”).

If you use the Service on behalf of a company, agency, organization, or other legal entity, you represent that you have authority to bind that entity. In that case, “you” and “your” refer to that entity and its authorized users. You must be legally capable of entering into a binding contract to use the Service.

These Terms incorporate by reference any order form, subscription agreement, service schedule, data processing agreement, privacy policy, or other written agreement that expressly applies to your use of the Service. If there is a conflict, a signed order form or separately negotiated agreement controls for the subject matter it addresses.

2. Definitions

• “Customer” means a person or entity that creates an account, purchases the Service, integrates with the Service, or sends Documents through the Service.
• “Authorized User” means an employee, contractor, agent, or other person whom a Customer permits to access its account.
• “Signer” means a person who receives, reviews, completes, initials, acknowledges, or electronically signs a Document through the Service.
• “Document” means a file, form, agreement, disclosure, notice, record, or other content uploaded to, created in, or processed through the Service.
• “Customer Content” means Documents, templates, data, instructions, branding, messages, recipient information, and other materials submitted to or generated through a Customer’s use of the Service.
• “Transaction Data” means technical and event information associated with a signing workflow, which may include timestamps, email addresses, IP addresses, device and browser information, authentication events, delivery events, field activity, consent records, and audit-trail data.

3. The Service

Inkless Docs provides technology for preparing, sending, presenting, completing, tracking, and storing electronic-signature transactions. Features may include document templates, form fields, signer routing, reminders, notifications, audit records, completion certificates, APIs, and administrative tools.

Inkless Docs is a technology provider. Unless we expressly agree otherwise in writing, we are not a party to any Document or underlying transaction, do not act as an attorney, escrow agent, notary, records custodian, or identity guarantor, and do not determine whether a Document is accurate, lawful, sufficient, enforceable, or appropriate for a particular purpose.

Customers are responsible for configuring their workflows, selecting recipients and authentication methods, determining retention requirements, and deciding whether electronic signatures are appropriate for a particular Document, transaction, industry, recipient, and jurisdiction.

4. Accounts, Authorized Users, and Security

You must provide accurate account information and keep it current. You are responsible for all activity under your account and for the acts and omissions of your Authorized Users. Account credentials may not be shared except through functionality expressly designed for multiple users.

You must use reasonable safeguards to protect passwords, API keys, access tokens, signing links, and other credentials. You must promptly notify us at 21704 Devonshire St #238, Chatsworth CA 91311 if you suspect unauthorized access, credential compromise, or misuse of the Service. We may require credential rotation, additional verification, or other protective measures.

Customers are responsible for assigning appropriate permissions, removing access when no longer needed, and maintaining their own internal controls and backup procedures.

5. Customer Content and Customer Responsibilities

As between you and Inkless Docs, you retain your rights in Customer Content. You grant Inkless Docs and its service providers a worldwide, non-exclusive, limited license to host, copy, transmit, display, process, modify solely for technical formatting, and otherwise use Customer Content as reasonably necessary to provide, secure, support, and improve the Service and to comply with law.

You represent and warrant that:

• you have all rights, permissions, notices, and lawful bases needed to submit and process Customer Content;
• your Documents, signing requests, communications, and use of the Service comply with applicable law and do not infringe the rights of others;
• recipient information is accurate and you are authorized to contact each recipient for the applicable transaction;
• you will not rely on Inkless Docs to review Documents for legal sufficiency, required disclosures, formatting, deadlines, or regulatory compliance; and
• you will download or retain copies of completed Documents and records when required for your business or by law.

We do not routinely review Customer Content. We may remove, restrict, preserve, or disclose Customer Content when reasonably necessary to operate the Service, respond to lawful process, enforce these Terms, address suspected fraud or abuse, protect rights or safety, or comply with law.

6. Electronic Signatures, Records, and Consent

The Service is designed to support electronic-signature and electronic-record workflows. The legal effect and enforceability of an electronic signature or record depend on the applicable law, the type of Document, the parties, the transaction, the selected authentication process, the evidence retained, and other circumstances. Inkless Docs does not guarantee that every Document, signature, or workflow will be valid or enforceable in every jurisdiction or use case.

Customers are solely responsible for determining whether a Document may be signed electronically and for obtaining any consent required to conduct the transaction electronically. When consumer-disclosure rules apply, the Customer is responsible for providing required disclosures, hardware and software information, paper-copy options, withdrawal procedures, and other legally required information.

A Customer may choose authentication or verification features offered through the Service or third-party providers. Unless expressly stated in a signed agreement, these features provide risk signals or workflow controls and are not a warranty of identity, authority, capacity, intent, or absence of fraud.

Audit trails, completion certificates, timestamps, IP addresses, and similar records are generated from available system events. They may support evidence of a transaction, but they do not independently prove the truth of a Document’s contents, the identity or authority of a participant, or legal enforceability.

7. Additional Terms for Signers

This section applies whenever you access a Document or signing request through the Service, including through a Customer-branded website or application. You may be able to sign without creating an Inkless Docs account.

By selecting an electronic-signature, initials, checkbox, acceptance button, or similar action, you:

• confirm that you intend to take the indicated action and, where permitted by law, to use an electronic signature;
• consent to receive and complete the applicable transaction electronically;
• agree that electronic actions and records may be used as evidence of your activity;
• authorize the collection and retention of Transaction Data for security, audit, support, compliance, and evidentiary purposes; and
• represent that information you provide is accurate and that you are authorized to act for yourself or the person or entity you purport to represent.

Review each Document carefully before signing. Questions about a Document, requested changes, cancellation, copies, payment, performance, or the underlying transaction must be directed to the sender. Inkless Docs generally cannot modify, cancel, interpret, or negotiate a Document for the parties.

If you do not consent to electronic records or signatures, do not complete the electronic signing process. Contact the sender to ask whether another method is available. The sender, not Inkless Docs, controls whether an alternative is offered.

8. Fees, Billing, Taxes, and Refunds

Fees, usage limits, included features, billing intervals, overages, credits, and renewal terms are shown in the applicable order form, subscription plan, checkout page, or other written agreement. Unless stated otherwise, fees are quoted and payable in U.S. dollars.

You authorize us and our payment processors to charge your selected payment method for amounts due. You must keep billing information current. Except where prohibited by law or expressly stated in an applicable order form or refund policy, fees are non-cancelable and non-refundable, and unused usage allowances or credits have no cash value.

Recurring subscriptions renew automatically for successive periods matching the original subscription term unless canceled before renewal in the manner described in your account or order form. Cancellation prevents future renewal but does not retroactively refund the current billing period.

Fees exclude taxes, levies, duties, and similar governmental assessments. You are responsible for all such charges except taxes based on our net income. We may suspend or limit access for overdue amounts after any notice required by an applicable agreement or law.

9. Acceptable Use

You may not use the Service to:

• violate law, regulation, court order, contractual obligation, or the rights of another person;
• send deceptive, fraudulent, harassing, threatening, defamatory, unlawful, or unauthorized communications or Documents;
• forge signatures, impersonate another person, misrepresent authority, or facilitate fraud or identity theft;
• upload malware, malicious code, corrupted files, or content intended to disrupt or compromise systems;
• probe, scan, test, bypass, or interfere with security, authentication, access controls, rate limits, or technical restrictions;
• reverse engineer, decompile, copy, scrape, resell, sublicense, or commercially exploit the Service except as expressly permitted in writing;
• use automated means that impose an unreasonable load or exceed documented API limits;
• use the Service to create or distribute unsolicited bulk messages or signing requests; or
• process categories of data or transactions prohibited by an applicable order form, policy, or law.

We may investigate suspected violations and cooperate with lawful investigations. We may impose technical restrictions or suspend access when reasonably necessary to protect the Service, users, or third parties.

10. Privacy, Data Processing, and Security

Our collection and use of personal information are described in the Inkless Docs Privacy Policy. Where applicable, a Data Processing Agreement or similar addendum may govern our processing of personal data on behalf of a Customer.

For Customer Content submitted by or for a Customer, the Customer generally determines the purposes and means of the transaction and is responsible for required privacy notices, lawful processing, data-subject requests, and retention instructions. Inkless Docs processes such information to provide and protect the Service, follow Customer instructions, comply with law, and perform other activities described in the applicable privacy and data-processing terms.

We use administrative, technical, and organizational safeguards designed to protect the Service and data. No system, transmission, or storage method is completely secure, and we do not guarantee that unauthorized access, loss, alteration, or disclosure will never occur.

Data may be processed by our affiliates, subprocessors, hosting providers, communications providers, payment processors, electronic-signature infrastructure providers, identity or authentication providers, and other vendors needed to operate the Service. Data locations and retention periods may vary based on the Customer’s plan, configuration, provider capabilities, legal obligations, and operational needs.

11. Ownership and Feedback

Inkless Docs and its licensors own the Service, including its software, APIs, interfaces, documentation, designs, workflows, trademarks, and all related intellectual-property rights. Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during the applicable subscription or service period.

You may provide suggestions, ideas, or feedback. You grant us a perpetual, irrevocable, worldwide, royalty-free right to use that feedback without restriction or obligation, provided we do not publicly identify you as its source without permission.

Nothing in these Terms transfers ownership of Customer Content to Inkless Docs or ownership of the Service to you.

12. Third-Party Services and Infrastructure

The Service may rely on, integrate with, or link to third-party products and services, including cloud hosting, electronic-signature infrastructure, email or text delivery, identity verification, payments, analytics, and storage. Third-party services may be governed by separate terms and privacy policies.

We are not responsible for third-party products or services that are outside our control. Changes, outages, restrictions, or discontinuation by a third party may affect the Service. We may replace or modify third-party providers and technical components as reasonably necessary to operate or improve the Service.

A Customer’s decision to enable or use an external integration authorizes the exchange of information needed for that integration. The Customer is responsible for its relationship with the third-party provider and for configuring the integration appropriately.

13. Availability, Support, and Service Changes

We work to provide a reliable Service, but the Service may occasionally be unavailable because of maintenance, upgrades, internet or provider failures, security events, emergencies, force majeure, or other circumstances. Unless a signed service-level agreement states otherwise, the Service is provided without a guaranteed uptime, response time, delivery time, or error-free operation.

Email, text messages, reminders, webhooks, and other notifications may be delayed, filtered, blocked, or fail due to recipient settings, network conditions, provider policies, inaccurate contact information, or other causes. Customers should not use the Service as the only method for time-critical legal notices or deadlines unless they have independently determined that doing so is appropriate.

We may add, modify, limit, or discontinue features. We will use commercially reasonable efforts to provide advance notice of a material discontinuation when practicable, but emergency, security, legal, or third-party changes may require immediate action.

14. Suspension and Termination

You may stop using the Service at any time and may cancel a subscription as described in your account or applicable order form. We may suspend or terminate access if we reasonably believe that you have violated these Terms, failed to pay amounts due, created a security or legal risk, used the Service fraudulently or abusively, or if suspension is required by law or a service provider.

When reasonably practicable, we will provide notice and an opportunity to cure before terminating for a remediable breach. We may act immediately where delay could cause harm, legal exposure, fraud, data loss, security risk, or service disruption.

Upon termination, your right to use the Service ends. Amounts already due remain payable. Subject to applicable law, your plan, and our data-retention practices, Customer Content may be deleted after termination. You are responsible for exporting needed Documents and records before termination.

Provisions that by their nature should survive will survive termination, including provisions concerning payment obligations, ownership, confidentiality, disclaimers, limitation of liability, indemnification, disputes, and general terms.

15. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” INKLESS DOCS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.

INKLESS DOCS DOES NOT PROVIDE LEGAL, TAX, FINANCIAL, COMPLIANCE, NOTARIAL, OR OTHER PROFESSIONAL ADVICE. WE DO NOT WARRANT THE VALIDITY, ENFORCEABILITY, AUTHENTICITY, COMPLETENESS, OR LEGAL EFFECT OF ANY DOCUMENT, SIGNATURE, AUDIT TRAIL, CERTIFICATE, IDENTITY CHECK, OR TRANSACTION.

YOU ARE RESPONSIBLE FOR OBTAINING PROFESSIONAL ADVICE AND FOR DETERMINING WHETHER THE SERVICE AND YOUR WORKFLOW SATISFY YOUR LEGAL, REGULATORY, CONTRACTUAL, SECURITY, RETENTION, AND EVIDENTIARY REQUIREMENTS.

Some jurisdictions do not allow certain disclaimers, so some of the above may not apply to you. In that event, the disclaimers apply to the greatest extent permitted by law.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, INKLESS DOCS AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, DOCUMENTS, OR USE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF INKLESS DOCS AND THE PARTIES IDENTIFIED ABOVE ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO INKLESS DOCS FOR THE SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

The limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. They do not apply to liability that cannot legally be limited. A separately signed agreement may establish different limits.

17. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless Inkless Docs and its affiliates, service providers, officers, directors, employees, and agents from claims, damages, losses, liabilities, penalties, judgments, costs, and reasonable attorneys’ fees arising out of or relating to:

• Customer Content, Documents, signing requests, or underlying transactions;
• your or your Authorized Users’ use of the Service;
• your violation of these Terms, law, or the rights of another person;
• allegations that Customer Content infringes or misappropriates rights; or
• disputes between you and a Signer, recipient, customer, regulator, or third party.

We will provide reasonable notice of an indemnified claim and may control its defense and settlement. You may not settle a claim in a manner that admits fault by or imposes obligations on Inkless Docs without our written consent.

18. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. The state and federal courts located in Los Angeles, CA will have exclusive jurisdiction over disputes arising out of or relating to these Terms or the Service, and each party consents to personal jurisdiction and venue in those courts.

Before filing a claim, each party agrees to send written notice describing the dispute and to attempt in good faith to resolve it informally for at least thirty days. This paragraph does not prevent either party from seeking emergency injunctive relief, protecting intellectual property, or filing a claim before a limitations period expires.

To the extent permitted by law, claims must be brought on an individual basis and not as a plaintiff or class member in a purported class, consolidated, or representative proceeding.

19. Changes to These Terms

We may update these Terms from time to time. We will post the revised Terms and change the “Last updated” date. If a change is material, we may also provide notice through the Service, by email, or by another reasonable method. Unless a later date is stated, revised Terms become effective when posted.

Your continued use of the Service after revised Terms become effective constitutes acceptance. If you do not agree to the revised Terms, you must stop using the Service and cancel any affected subscription.

20. General Provisions

Entire Agreement

These Terms and documents incorporated by reference are the entire agreement between you and Inkless Docs concerning their subject matter and supersede prior or contemporaneous discussions and agreements on that subject.

Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of assets, financing, or by operation of law.

Severability and Waiver

If any provision is found unenforceable, it will be modified to the minimum extent necessary or severed, and the remaining provisions will remain in effect. Failure to enforce a provision is not a waiver.

Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, except that this does not excuse payment obligations for Services already provided.

No Third-Party Beneficiaries

Except for parties expressly entitled to indemnification or liability protections under these Terms, these Terms do not create third-party beneficiary rights.

Notices

We may send notices to the email address associated with your account, through the Service, or by posting them on our website. Legal notices to Inkless Docs must be sent to the address listed below and copied by email to Support@InklessDocs.com.

21. Contact

Questions about these Terms may be directed to: