Terms of Service
Effective Date: November 28, 2024 Last Updated: November 30, 2024
These Terms of Service ("Terms") govern your access to and use of the Signkit email signature management platform (the "Service") provided by Signkit OU ("we," "us," or "Signkit").
By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
1. Definitions
- "Account" means your registered account on the Service.
- "Content" means any data, text, images, or materials you upload or create through the Service.
- "Organization" means a workspace within the Service that you create or are invited to join.
- "User" means any individual who accesses the Service.
- "Subscription" means a paid plan for access to the Service.
2. Service Description
Signkit is a cloud-based platform that enables organizations to:
- Create and manage email signature templates
- Deploy signatures across team members
- Track email signature engagement (opens, clicks)
- Manage brand assets and campaigns
- Integrate with email providers
3. Account Registration
3.1 Eligibility
You must be at least 16 years old and have the legal capacity to enter into these Terms.
3.2 Account Information
You agree to provide accurate, current, and complete information during registration and to keep your account information updated.
3.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials. You must notify us immediately of any unauthorized access at [email protected].
3.4 One Person Per Account
Accounts are for individual use. You may not share your account credentials with others.
4. Organizations and Teams
4.1 Organization Administrators
Organization administrators have the authority to:
- Invite and remove team members
- Manage billing and subscriptions
- Access all organization data
- Enable or disable features (including tracking)
4.2 Team Members
Team members are bound by these Terms and any additional policies set by their organization administrator.
4.3 Data Ownership
Organizations retain ownership of their Content. Signkit has a license to use Content solely to provide the Service.
5. Acceptable Use
You agree not to use the Service to:
5.1 Prohibited Content
- Distribute spam, malware, or phishing content
- Share illegal, defamatory, or infringing content
- Transmit content that violates third-party rights
- Include deceptive or misleading information in signatures
5.2 Prohibited Activities
- Attempt to gain unauthorized access to the Service
- Interfere with or disrupt the Service
- Reverse engineer, decompile, or disassemble the Service
- Use the Service for competitive intelligence
- Exceed rate limits or abuse API access
- Circumvent usage limits or security measures
5.3 Email Compliance
You must comply with all applicable email laws, including:
- CAN-SPAM Act (United States)
- GDPR (European Union)
- CASL (Canada)
- Any other applicable anti-spam legislation
For more details, see our Acceptable Use Policy.
6. Subscriptions and Payments
6.1 Free Tier
We may offer a free tier with limited features. Free tier availability and limits may change at any time.
6.2 Paid Subscriptions
Paid subscriptions are billed in advance on a monthly or annual basis. Prices are listed on our website.
6.3 Payment
All payments are processed through Polar (polar.sh), our third-party payment provider. By subscribing, you agree to Polar's Terms of Service and Privacy Policy. You authorize us to charge your payment method for all fees. We do not store complete credit card numbers.
6.4 Taxes
Prices do not include taxes. You are responsible for all applicable taxes, except where Signkit is legally required to collect them.
6.5 Refunds
Subscription fees are non-refundable except as required by law or at our sole discretion.
6.6 Price Changes
We may change prices with 30 days' notice. Price changes take effect at the next billing cycle.
7. Intellectual Property
7.1 Our IP
Signkit and its licensors own all intellectual property rights in the Service, including software, designs, trademarks, and documentation.
7.2 Your Content
You retain all rights to Content you upload. By uploading Content, you grant Signkit a worldwide, non-exclusive, royalty-free license to use, store, and display your Content solely to provide the Service.
7.3 Feedback
If you provide feedback or suggestions, we may use them without obligation to you.
7.4 Restrictions
You may not:
- Copy, modify, or create derivative works of the Service
- Remove any proprietary notices
- Use Signkit trademarks without permission
8. Data and Privacy
8.1 Privacy Policy
Our collection and use of personal data is governed by our Privacy Policy.
8.2 Data Processing Agreement
Organizations processing EU personal data may request a Data Processing Agreement to comply with GDPR Article 28.
8.3 Data Security
We implement reasonable security measures to protect your data. However, no system is completely secure.
8.4 Data Portability
You may export your data at any time through the Service's export features.
9. Service Availability
9.1 Uptime
We strive to maintain high availability but do not guarantee uninterrupted access. The Service may be unavailable due to:
- Scheduled maintenance (with notice when possible)
- Unscheduled maintenance for critical issues
- Circumstances beyond our control
9.2 Modifications
We may modify, update, or discontinue features of the Service at any time. Material changes will be communicated with reasonable notice.
9.3 Support
Support is available via email at [email protected]. Response times depend on your subscription tier.
10. Third-Party Services
10.1 Core Service Providers
The Service uses the following third-party services:
- Clerk - Authentication (Privacy Policy)
- PostHog - Product analytics (Privacy Policy)
- Polar - Billing and subscriptions (Privacy Policy)
- DigitalOcean - Cloud hosting (Privacy Policy)
Your use of these services is subject to their respective terms.
10.2 Email Provider Integrations
The Service may integrate with third-party services (e.g., Google Workspace, Microsoft 365). Your use of third-party services is subject to their terms.
10.3 Links
The Service may contain links to third-party websites. We are not responsible for third-party content or practices.
11. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY OR RELIABILITY
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
12. Limitation of Liability
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SIGNKIT SHALL NOT BE LIABLE FOR ANY:
- INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
- LOSS OF PROFITS, REVENUE, OR DATA
- BUSINESS INTERRUPTION
12.2 Liability Cap
OUR TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR
- €100
12.3 Exceptions
These limitations do not apply to liability that cannot be excluded by law, including fraud or gross negligence.
13. Indemnification
You agree to indemnify and hold Signkit harmless from any claims, damages, or expenses arising from:
- Your use of the Service
- Your violation of these Terms
- Your violation of third-party rights
- Content you upload to the Service
14. Termination
14.1 By You
You may terminate your account at any time through account settings or by contacting us.
14.2 By Us
We may suspend or terminate your account if you:
- Violate these Terms
- Fail to pay fees when due
- Engage in fraudulent or illegal activity
14.3 Effect of Termination
Upon termination:
- Your access to the Service will cease
- Your data will be deleted after 30 days (unless legally required to retain)
- Accrued rights and obligations survive termination
15. Governing Law and Disputes
15.1 Governing Law
These Terms are governed by the laws of Estonia, without regard to conflict of law principles.
15.2 Jurisdiction
Any disputes shall be resolved exclusively in the courts of Tallinn, Estonia.
15.3 EU Consumer Rights
If you are an EU consumer, you may also have rights under your local consumer protection laws that cannot be waived.
15.4 Alternative Dispute Resolution
EU consumers may use the European Commission's Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr/
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and other referenced policies, constitute the entire agreement between you and Signkit.
16.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
16.3 Waiver
Our failure to enforce any provision does not waive our right to do so later.
16.4 Assignment
You may not assign these Terms. We may assign our rights and obligations to an affiliate or successor.
16.5 Notices
We may send notices via email to your account address or through the Service.
17. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes by:
- Posting the updated Terms on our website
- Sending an email notification
Continued use of the Service after changes constitutes acceptance.
18. Contact Us
For questions about these Terms:
Signkit OU Lasnamae linnaosa, Sepapaja tn 6 15551 Harju Maakond, Tallinn Estonia
Email: [email protected]