Last updated: April 10, 2025

xSigning is a digital signature system owned by Teclas y Monitores Optimización de Recursos S.L. (hereinafter TYM), a company dedicated to the development, consulting, programming, and supply of IT solutions. TYM is the holder and legitimate owner of the exploitation rights of xSigning.

As stated in the Legal Notice and Privacy Policy, this page and the signature solution, as well as the domain associated with this page and the Xsigning brand, registered at the OEPM and in process at the EUIPO, belong to TYM.

The Terms and Conditions of xSigning Services (the “Terms”) detailed here govern access to and use of the xSigning websites and Services (“xSigning”, “we”, or “our”) (collectively, the “Site”) for all site visitors (“Site Visitors”), and persons or entities that contract our services (the “xSigning Services”) or create an account (“Account”), as well as for all their Authorized Users (collectively, the “Clients”). By using the Site or any of the xSigning Services, you, as a Site Visitor or Client, accept these Terms (either on your own behalf or on behalf of the legal entity you represent).

BY ACCESSING, USING, OR DOWNLOADING ANY MATERIAL FROM THE SITE, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST STOP USING THE SITE IMMEDIATELY.

1.1 We may modify these Terms or any additional terms relevant to a particular xSigning Service from time to time, to reflect changes in applicable laws or regarding the xSigning Services. We will post the revised terms on the Site with the reference and date of “last update.” PLEASE REVIEW THE SITE REGULARLY TO RECEIVE TIMELY NOTICE OF ANY POSSIBLE MODIFICATIONS. IF YOU CONTINUE TO USE THE XSIGNING SERVICES AFTER THE MODIFICATIONS TAKE EFFECT, YOU AGREE TO ABIDE BY SUCH MODIFIED TERMS. You agree that we will not be liable to you or any third party for any modification to the Terms.

1.2 You agree to receive all communications, agreements, and notices we provide regarding any xSigning Service (“Communications”), including but not limited to, Communications related to our delivery of xSigning Services and your purchase of the subscription to xSigning Services, electronically, including by email, text message, in-app notifications, postings on the Site, or through any xSigning Service. You agree that all Communications provided electronically meet the same legal requirements as if such Communications were made in writing or delivered in a particular manner; and you agree to keep your Account contact information up to date.

2.1 Definitions

“xSigning Signature” means the electronic signature of the xSigning Service, which provides online display, certificate delivery, acknowledgment of receipt, electronic signature, and storage services for Electronic Documents via the Internet.

“Signer” means a person designated by an Authorized User to access electronic documents sent to such person through the xSigning Signature, to review, complete fields if applicable, and finally sign the document.

“System” refers to the components and software programs, infrastructure, and equipment used by xSigning or its agents to make the xSigning Signature service available via the Internet.

“Transaction Data” means the metadata associated with a signing process (such as the history of actions, unique identifiers of the different versions of documents sent to signers, and fields related to signers, such as their name, email, or phone number, etc.) and which xSigning may use to generate and maintain the digital audit required by the xSigning Signature.

2.2 xSigning Signature

If you use the Xsigning Signature, you accept the xSigning Terms described below.

3.1 Eligibility to Use

You represent and warrant that: (a) you are of legal age (18 years or older or the age of majority in your jurisdiction) and are capable or have the necessary authority to accept these Terms; and (b) you (or your Authorized Users, as applicable), when using the Site, are not located in or under the control of a person from any country or territory subject to an embargo by the European Union (EU) and are not prohibited end users under the Export Control Laws of the European Economic Area (EEA). If xSigning has previously prohibited you from accessing the Site or using the xSigning Services, you are not permitted to access the Site or use the xSigning Services. If you are accepting these Terms on behalf of an organization or entity, you represent and warrant that you are duly authorized to accept these Terms on behalf of and represent that organization or entity, thereby binding them to comply with these Terms (in which case, references to “you” and “your” in these Terms refer to such organization or entity).

3.2  License Limitation

Upon your acceptance of these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Site for your internal business purposes and only as expressly permitted in these Terms, as well as for any plan paid for by the Client that allows the registration of an Account for the use of an xSigning Service (“Subscription Plan”) as applicable. You must not use, nor allow the use of the Site, for any illegal purpose or in any way incompatible with the provisions set forth in these Terms. If you are or become a direct competitor of xSigning, you may not access or use the xSigning Services without the explicit, prior, and written consent of xSigning, and may only use them for the purposes expressly authorized in writing. Except as otherwise restricted by these Terms, xSigning grants you permission on a non-exclusive, non-transferable, and limited basis to display, copy, and download content and materials on the Site provided that you: (a) are the holder of the copyright and other intellectual property rights as per the notices on the content and materials; (b) use them only for personal or internal, non-commercial use or in accordance with any applicable Subscription Plan; and (c) do not modify them in any way. Each Subscription Plan includes restrictions and requirements that describe the functionalities the Client may access. Any violation by you of the license provisions contained in this Section 3 may result in the immediate termination of your right to use the Site, as well as potential liability for copyright infringement or other claims depending on the circumstances.

Authorization from xSigning and the xSigning Signature is conditioned upon you, as a client, acknowledging and accepting the following:

1. The xSigning Signature facilitates the signing or formalization of Electronic Documents between the parties to those Electronic Documents. Nothing in this Service Annex shall be interpreted as making xSigning a party to any Electronic Document processed through the xSigning Signature, and, therefore, xSigning makes no representations or warranties regarding transactions intended to be carried out by any Electronic Document.

2. Between xSigning and you, you are solely in control of and responsible for the content, quality, and format of any Electronic Document.

3. Certain types of contracts and documents may be exempt from the application of electronic signature laws (for example, wills and contracts related to Family Law), or may be subject to specific regulations enacted by different governmental authorities regarding the use of electronic signatures and records. xSigning is not responsible nor liable for determining whether a particular Electronic Document is (i) subject to an exception to applicable electronic signature laws; (ii) subject to enactments by particular authorities; or (iii) can be legally formed or created using electronic signatures.

4. xSigning is not responsible for determining how long contracts, documents, and other records must be retained or stored under any law, provision, legal process, or administrative authority as applicable. Furthermore, xSigning is not responsible nor liable for the generation of any Electronic Document or other Client documents to third parties.

5. Certain consumer protection or similar laws or regulations may impose special requirements regarding electronic transactions involving one or more “consumers,” such as (among others) requirements for the consumer to consent to the contracting method and/or for the consumer to be provided with a copy, or access to a copy, of a document or other written record of the transaction that is not electronic. xSigning is not, and will not be, responsible for: (i) determining whether a particular transaction involves a “consumer”; (ii) providing or obtaining such consents or determining whether such consents have been withdrawn; (iii) providing information or disclosures in connection with any attempt to obtain such consents; (iv) providing legal review for, updating, or correcting any information or disclosure given at the time or previously; (v) providing such copies or access, except as expressly indicated in the Documentation for all transactions, whether consumer or otherwise; or (vi) complying with such special requirements; (f) You agree to determine whether a “consumer” is involved in any electronic document submitted by your Authorized Users for processing and, if so, to comply with all requirements imposed by law on such Electronic Documents or their formation.

6. You agree that your assigned Account Administrator(s) have the authority to provide to xSigning and accept from xSigning any required acknowledgment, authorizations, requests, or consents on your behalf, as a client regarding the client account.

7. You agree that you are solely responsible for the accuracy and suitability of instructions provided by you and your staff to xSigning in connection with the Services, including without limitation any instructions made through your Account, such as those made by the assigned Account Administrator.

By using the Site, including the xSigning Services, you expressly agree not to engage in any activity or disseminate any information that, in our sole discretion:

1. Is illegal or violates any general, state, or local law or regulation;

2. Promotes illegal activities or discusses them with the intent to carry them out;

3. Infringes any third-party rights, including but not limited to privacy rights, honor rights, copyright, trademark rights, patents, trade or industrial secrets, or any other intellectual or industrial property rights;

4. Is harmful, threatening, abusive, harassing, indecent, defamatory, sexually explicit or pornographic, discriminatory, vulgar, profane, obscene, offensive, incites hatred or violence, or is otherwise objectionable;

5. Interferes with the use and enjoyment of the Services by others;

6. Pretends to impersonate another person or entity;

7. Accesses or uses another user’s Account without their permission;

8. Spreads computer viruses or other codes, files, or programs that interrupt, destroy, or limit the functionality of any software, hardware, or electronic communications equipment;

9. Interferes with, disrupts, disables, overloads, or destroys the functionality or use of any feature of the Site, or the servers or networks connected to the Site, or any of the xSigning Services;

10. “Hacks” or accesses without authorization our private or confidential records, those of another user, or those of any other person;

11. Requests personal or confidential information from other users for fraudulent purposes, including but not limited to address, credit card information, financial information, or passwords;

12. Decompiles, reverse engineers, disassembles, or attempts to obtain the source code of the Site, unless expressly permitted in these Terms or by law, except where permitted by applicable law without consent;

13. Removes, circumvents, disables, damages, or otherwise interferes with security features, or features that impose usage limitations on the Site;

14. Uses automatic or manual means to violate the Site’s robot exclusion headers, if any, or avoids or circumvents other measures used to prevent or limit access, for example, by engaging in practices such as “screen scraping,” “database scraping,” or any other activity, for the purpose of obtaining user lists or other information;

15. Modifies, copies, displays, distributes, publishes, licenses, sells, rents, leases, loans, transfers, or commercializes any material or content on the Site;

16. Uses the Services for benchmarking, or to compile information for a product or service;

17. Downloads (other than through necessary page caching for personal use, or as expressly permitted by these Terms), distributes, publishes, transmits, performs, reproduces, broadcasts, duplicates, uploads, licenses, creates derivative works from, or offers to sell any content or other information contained or obtained through the Site or xSigning Services, by any means, except as stipulated in these Terms or with prior written consent from xSigning;

18. Attempts to perform any of the above actions.

19. Additionally, Clients must not, and must not allow others to:

Use the xSigning Services or allow access to them in a way that circumvents contractual usage conditions; exceeds usage metrics; or exceeds authorized use as established in these Terms.

License, sublicense, sell, resell, rent, lease, transfer, distribute, share time, or make available to third parties any part of the xSigning Services or the current technical and functional documentation of xSigning for the Services (“Documentation”), unless otherwise stated in these Terms.

20. Access or use the xSigning Services or Documentation to develop or operate products or services intended to be offered to third parties as competition to the xSigning Services or allow access to a direct competitor of xSigning.

21. Incorporate the Site, place pop-ups over its pages, or otherwise affect the display of its pages. You may link to the Site, provided you acknowledge and agree not to link the Site to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or illegal topic, name, material, or information or that infringes any intellectual, industrial, privacy, or image rights. Any violation of this provision may, at our sole discretion, result in the immediate termination of your use and access to the Site.

22. You acknowledge that we have no obligation to monitor your access or use of the Site, or that of any other person, to identify violations of these Terms, or to review or edit any content. However, we have the right to do so, in order to operate and improve the Site (including, but not limited to, fraud prevention, risk assessment, research and customer support, analytics, and advertising), to ensure compliance with these Terms, and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

5.1 Intellectual Property

The Site contains materials that are the property of xSigning, and therefore of its ultimate owner, TYM, and are protected by intellectual property laws, such as copyright, international treaties, trademarks, and other rules and conventions.

5.1.1 The Site is also protected as a collective work or compilation, under copyright and other laws and international treaties. You agree to respect all intellectual property laws and any other applicable law, as well as any additional copyright notice or restriction appearing on the Site. You acknowledge that the Site contains original works created, compiled, prepared, reviewed, selected, and organized by xSigning and others through the application of methods and standards, with a substantial investment of time, effort, and money, and that constitute valuable intellectual property of xSigning and others.

5.1.2 The trademarks, logos, and slogans or commercial notices displayed on the Site (collectively, the “Trademarks”) are registered and unregistered trademarks owned by xSigning and therefore its ultimate owner, TYM, and others. In general, the Trademarks must not be used in any campaign or advertisement, nor to indicate sponsorship or affiliation of xSigning with any product, service, event, or organization without the prior written authorization of xSigning. Any use of the xSigning trademark or any other content owned by TYM is strictly prohibited.

5.2 Software Use Restrictions

xSigning is available for use through the Site or third-party websites or applications and is the intellectual property of TYM. The use of xSigning is governed by these Terms. Unauthorized reproduction or distribution of xSigning is expressly prohibited by law and may result in civil and criminal penalties. Legal action may be taken against infringers.

5.3 User Content   

5.3.1 Submissions. The Site or xSigning Services may allow you to submit, post, upload, or make available (collectively, post) content such as questions, public messages, product ideas, product reviews, comments, and other content (collectively, “User Content”), which may or may not be visible to other users. If you post User Content, unless we state otherwise, you grant us a non-exclusive, royalty-free, fully sublicensable license to access, view, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, copy, and display such User Content worldwide in any form, medium, or technology now known or later developed solely for the purpose of including electronic signature information. You also allow any other user to view, copy, access, store, or reproduce such User Content for that user’s personal use. You grant us the right to use the name and other information about you that you submit in connection with such User Content. You represent and warrant that: (a) you own or otherwise control all rights to the User Content you post; (b) the User Content you post is truthful and accurate; and (c) the use of the User Content you post does not violate these Terms or any applicable law. For clarity, User Content does not include any document, such as a contract, disclosure, or notice that you deposit in the Xsigning Signature service for processing (“Electronic Documents”).

5.3.2 Detection and Removal. You acknowledge and agree that xSigning and persons designated by xSigning may or may not, at xSigning’s discretion, pre-screen User Content before it appears on the Site or xSigning Services. However, xSigning has no obligation to do so. Further, you acknowledge and agree that xSigning reserves the right (but does not assume the obligation), at its sole discretion, to reject, move, edit, or remove any User Content contributed to the Site or xSigning Services. Notwithstanding the foregoing, xSigning and its designees shall have the right to remove any User Content that violates these Terms or is objectionable, at xSigning’s sole discretion, or when the subscription period ends or is terminated under section 8.2. You acknowledge and agree that xSigning does not verify, adopt, ratify, or endorse User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or reliance on the accuracy, completeness, or usefulness of User Content.

5.3.3 Storage. During the subscription period, xSigning will send and store Electronic Documents as described. However, xSigning may set and enforce limits for reasonable use, to prevent abusive or unduly burdensome use of the Xsigning Signature. The Client, through its Account Administrator(s), may retrieve and store copies of Electronic Documents for storage outside the System at any time during the Subscription Period under these Terms.

5.3.4 Incomplete Electronic Documents. xSigning may immediately delete from the system any drafts or electronic documents that are incomplete when: (a) they expire, (b) at the end of the subscription period. xSigning assumes no responsibility for the failure or inability of a party to electronically sign Electronic Documents within a certain period.

5.3.5 Right of Retention. xSigning may retain Transaction Data indefinitely, as long as it has a commercial or legal justification for doing so.

6.1 xSigning Privacy Policy

You acknowledge that, except as stated in these Terms or applicable Corporate Terms, we will use and protect the information you provide or that we collect according to the xSigning Privacy Policy.

6.2 Access and Disclosure

We may access, retain, or share your information when we believe, in good faith, that it is necessary to investigate, prevent, or act regarding possible illegal activities or to comply with legal processes (e.g., a subpoena or other legal process). We may also share your information in situations involving potential threats to the physical safety of anyone, violations of the xSigning Privacy Notice or user contracts or terms; or to respond to claims of possible violations of third-party rights and/or to protect the rights, property, and safety of xSigning, our employees, users, or the public. This may involve sharing your information with law enforcement, agencies or government authorities, courts, and/or other organizations.

7.1 Right to Use xSigning Services

According to these Terms, xSigning will provide digital signature Services to Clients, according to the Subscription Plan you have purchased, and xSigning grants you a limited, non-exclusive, non-transferable right and license, during the agreed Term, only for internal business purposes and always according to the Documentation, to: (a) use the xSigning Services; (b) implement, configure, and, through your Account Administrator(s), allow your Authorized Users to access and use the xSigning Services, up to any applicable limit or maximum; and (c) access and use the Documentation.

7.1.1 Authorized Users. The Client’s Authorized Users must have a unique email address and username, and two or more individuals may not use the xSigning Services as the same Authorized User. If the Authorized User is not an employee of the Client, they may only use the xSigning Services if they are under confidentiality and other obligations with the Client, provided such obligations are at least as restrictive as those in these Terms, and may only access or use the xSigning Services to support the Client’s internal business purposes.

7.1.2 Account Administrator. The Client may assign and expressly authorize Authorized Users as its agent to manage the Client’s Account and Account administration, which includes, among other things, configuring administration settings, assigning access and authorization for use, requesting additional or different services, providing usage and performance records, managing templates, executing approved campaigns and events, assisting in integrating third-party products, and accepting notices, disclosures, and terms and conditions (“Account Administrator”). The Client may appoint an employee or a third party as a business partner or contractor to act as its Account Administrator(s) and may change such assignments at any time through its Account.

7.2 Payment Terms

7.2.1 Subscription Plan. The prices, features, and options of the xSigning Services depend on the selected Subscription Plan and changes made by the Client. In addition, the Client agrees to make reasonable use of the signature service provided by xSigning, according to the contracted plan, limiting itself to an appropriate number of actions. If it is considered that the client has exceeded the number of operations performed, xSigning reserves the right to charge additional fees, assign a new subscription plan, or set a limit on its operations.

xSigning does not represent or warrant that a particular Subscription Plan will be offered indefinitely and reserves the right to change prices or alter features and options in a particular Subscription Plan without prior notice.

7.2.2 No Refunds and Termination by the Client. The Client will promptly pay all fees associated with its Subscription Plan. CLIENT PAYMENTS ARE NON-REFUNDABLE. If the Client decides to terminate its Plan before its expiration, TYM will retain the amounts already paid by the Client as a penalty, and the Client’s request for early termination does not release it from any other payment due.

7.2.3 Recurring Charges. When you purchase a Subscription Plan, you must provide correct and complete information regarding a valid payment method that you are authorized to use. You will be billed for your subscription plan via the payment method you provided. You must promptly notify any change in your billing address and update your Account with any changes related to your payment method. BY COMPLETING THE REGISTRATION OF A SUBSCRIPTION PLAN, THE CLIENT AUTHORIZES XSIGNING OR ITS AGENT TO, ON A RECURRING BASIS, CHARGE OR MAKE THE CORRESPONDING CHARGE, USING THE PAYMENT METHOD, ACCORDING TO THE APPLICABLE PERIODICITY (E.G., MONTHLY OR ANNUALLY) (THE “AUTHORIZATION”) FOR: (a) THE CHARGES OF THE APPLICABLE SUBSCRIPTION PLAN; (b) ANY AND ALL APPLICABLE TAXES; AND (c) ANY OTHER CHARGE INCURRED IN CONNECTION WITH THE CLIENT’S USE OF THE XSIGNING SERVICES. This Authorization continues during the Subscription Term and any Renewal Period (as defined in Section 8.2.3 below) until the Client cancels it as provided in Section 8.2 of these Terms.

7.2.4 Invoices. xSigning will provide the corresponding billing information and usage instructions, in the format it chooses at its discretion. xSigning reserves the right to correct any error or mistake it identifies, even after an invoice has been issued or payment has been received.

7.2.5 Tax Responsibility. You will be responsible for and assume the taxes associated with the purchase, payment, access, or use of the xSigning Services.

7.2.6 Third-Party Intermediary Billing. If your Subscription Plan is based on third-party intermediary billing, your intermediary will automatically charge your account the monthly cost of your Subscription Plan and any applicable taxes. If you are not up to date with your Subscription Plan payments, we reserve the right to cancel your account, suspend your access to your Subscription Plan, or convert your Subscription Plan to a non-subscription account. You are responsible for paying all past due amounts.

7.3 Special Situation for the xSigning Services Free Trial Environment

7.3.1 If you register for the “Free Trial” (limited and temporary use in a test environment of the xSigning Services, not to be confused with the Free Personal Plan), you may be presented with additional terms and conditions upon registration, and any such additional terms and conditions are incorporated into these Terms by reference and are legally binding.

7.3.2 xSigning reserves the right to reduce the term in this environment or terminate it entirely without prior notice.

7.3.3 The Free Trial environment of the xSigning Services may not include or allow access to all features or functionalities. ANY DATA THAT A CLIENT ENTERS THROUGH THE USE OF THE XSIGNING SERVICES IN THIS ENVIRONMENT, AS WELL AS ANY CONFIGURATION MADE BY OR FOR A CLIENT, WILL BE PERMANENTLY LOST AT THE END OF THE TRIAL.

7.3.4 This trial environment is offered without warranties.

7.4 Data

7.4.1 Data in General
You are solely responsible for determining the suitability of the xSigning Services for your business or organization, as well as for complying with all applicable provisions, laws, or conventions regarding the data you provide and your use of the xSigning Services and Site.

The Client is responsible for: (a) configuring the Xsigning Signature; (b) using, complying with, and enforcing any controls available in connection with the Xsigning Signature (including security controls); and (c) taking appropriate steps, in accordance with the functionality of the Xsigning Signature, that the Client deems appropriate to maintain the security, protection, deletion, and proper backup of Client Data, which includes control and administration of access and credentials of Authorized Users for the Xsigning Signature, control of Client Data processed by the Xsigning Signature, and control of the archiving or deletion of Electronic Documents in the System. The Client acknowledges that xSigning has no obligation to protect Client Data, including Personal Data, that the Client chooses to store or transfer outside the Xsigning Signature (e.g., offline storage or within facilities or platform).

7.4.2 Personal Data
The Client warrants that its collection and use of any personal information or data provided during use of the Site complies with all applicable data protection laws, rules, and regulations, including Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016, on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, or Organic Law 3/2018, of December 5, on the Protection of Personal Data and Guarantee of Digital Rights. The Client and its Authorized Users acknowledge that xSigning may process such personal data in accordance with the xSigning Privacy Policy.

7.5 Client Warranties

The Client represents and warrants that: (a) it has all rights and powers necessary to use the xSigning Services under these Terms and to grant all applicable rights and authorizations as described in these Terms; (b) it is responsible for all use of the xSigning Services associated with its Account; (c) it is solely responsible for maintaining the confidentiality of its Account names and password(s); (d) it agrees to immediately notify xSigning of any unauthorized use of the Client’s Account of which it becomes aware; (e) it agrees that xSigning will not be liable for losses suffered as a result of a third party’s use of its Account, whether or not such use is with its knowledge and consent; (f) it will use the xSigning Services only for lawful purposes and subject to these Terms; (g) any information it submits to xSigning is true, accurate, and correct; and (h) it will not attempt to gain unauthorized access to the System or xSigning Services, to other accounts, computer systems, or networks under the control or responsibility of xSigning by hacking, password mining, or any other unauthorized means.

7.6 Confidentiality

7.6.1 Confidential Information. “Confidential Information” refers to (a) for xSigning, the xSigning Services and Documentation, (b) for the Client, the Client Data; (c) any other information of a party that is disclosed in writing or orally and is designated as confidential or proprietary at the time such information is disclosed (and, in the case of oral disclosures, summarized in writing within thirty (30) days of the initial disclosure and delivered to the Recipient), or that due to the nature of the information, the Recipient should clearly understand is confidential information of such party; and (d) the specific terms and conditions of these Terms, and any modification and annex thereof, between the parties. Confidential Information does not include any information that: (i) has become or becomes public knowledge through no fault of the recipient or as a result of a breach of these Terms; (ii) was lawfully in the Recipient’s possession at the time of disclosure, without any restriction on use or disclosure; (iii) was independently developed by the Recipient without use of the Disclosing Party’s Confidential Information; or (iv) was lawfully obtained by the Recipient from a third party who had no obligation of confidentiality and without restrictions on use or disclosure. All information provided to Xsigning that is not Confidential Information will be treated in accordance with the xSigning Privacy Policy.

7.6.2 Restricted Use and Non-Disclosure. During and after the Subscription Period, the receiving party of the Confidential Information (“Recipient”) shall: (a) use the other party’s Confidential Information only for the purposes for which such information was provided; (b) not disclose such Confidential Information to any third party, except as necessary, to its attorneys, auditors, consultants, and service providers, who are under confidentiality obligations at least as restrictive as those included herein; and (c) protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than reasonable care) as it protects its own Confidential Information of a similar nature. Notwithstanding the foregoing, the Client expressly authorizes xSigning to use and process Client Data as described in the xSigning Privacy Policy, which includes, among other things, the delivery of Electronic Documents as indicated by the Client when using the xSigning Services and sharing Transaction Data (as defined in the Signature Program) with persons authorized to view, approve, or sign Electronic Documents created by the Client.

7.6.3 Ownership. Notwithstanding any other provision of these Terms, xSigning acknowledges that, as between the parties, all Confidential Information it receives from the Client, including all copies it possesses or controls, by any means, is the exclusive property of the Client. Nothing in these Terms confers on Xsigning any right, title, or interest in the Client’s Confidential Information. The incorporation by Xsigning of the Disclosing Party’s Confidential Information into any of its own materials shall not cause the Confidential Information to be considered non-confidential.

8.1 Termination – Site Visitors

A Site Visitor may terminate their use of the Site at any time by ceasing to use the Site. xSigning may terminate the use of the Site by anyone it determines and deny access to the Site at its sole discretion, for any reason or even for no reason, including violation of these Terms.

8.2 Term and Termination – Clients

8.2.1 Suspension of Access to xSigning Services. xSigning may suspend the use of any services when it observes that these Terms have been violated. xSigning will use commercially reasonable efforts to notify such User before any suspension or disabling.

8.2.2 Term. The term of these Terms (the “Term”) with respect to the xSigning Services begins on the date the Client accepts them and continues until the Client’s Subscription Plan expires or ceases to use the xSigning Services (including as a result of termination, in accordance with this Section 8.2), whichever is later.

8.2.3 Subscription Term and Automatic Renewals. xSigning Subscription Plans automatically renew unless otherwise stated. If you purchase or contract a Subscription Plan, you agree to pay the then-current fee associated with the Subscription Plan and also agree and acknowledge that it will automatically renew unless, before the end of the current Subscription Plan term (“Subscription Term”): (a) you cancel your Account; (b) you configure your Account by entering the xSigning Services or contacting us here: soporte@xsigning.com so that it does not automatically renew; (c) xSigning refuses or decides not to renew your Subscription Plan; or (d) these Terms are duly terminated as expressly permitted herein. The Subscription Plan will automatically renew monthly or annually, depending on the method you choose (“Renewal Term”).

8.2.4 Termination by the Client. You may terminate your Account at any time by written notice, notifying and contacting us here: soporte@xsigning.com. If you purchased your Subscription Plan through an external service, you must use the tools provided by such services to manage and/or terminate your Subscription Plan. However, the provisions of Section 7.2.2 will be taken into account.

8.2.5 Termination by xSigning. A Client will be in breach of these Terms if: (a) it does not timely pay any amount owed to us; (b) it or an Authorized User associated with its Account breaches any provision of these Terms or violates any policy published and applicable to the xSigning Services; or (c) if, in our sole discretion, we believe that the Client’s continued use of the xSigning Services (or its Users or Authorized Users) creates a legal risk for xSigning or poses a threat to the security of the xSigning Services or xSigning Clients. If a Client is in breach, we may, without prior notice: (i) suspend its Account and use of the xSigning Services; (ii) cancel its Account; (iii) charge reactivation fees to reactivate its Account; and (iv) seek any other remedy available to us.

8.2.6 Effect of Termination. If these Terms expire or are terminated for any reason: (a) The Client will pay xSigning any amount accrued as of the date of such termination and not yet paid as of the termination or expiration date; (b) all Client obligations to xSigning accrued before the termination or expiration date will survive; (c) the licenses and usage rights granted to the Client with respect to the Site and xSigning Services, as well as intellectual property, will immediately terminate; (d) xSigning’s obligation to provide any further service to the Client under these Terms will immediately cease; and (e) the provisions of Section 3 (Rights of Use and Access), Section 4 (Ownership), Section 5.2 (Site Use Restrictions), Section 6 (Privacy), Section 7.2.2 (No Refunds), Section 7.4 (Data), Section 7.6 (Confidentiality), Section 8.2.6 (Effect of Termination), Section 9 (Warranties and Limitations of Liability), Section 10 (Indemnification Obligations), and Section 11 (General) will survive, as will other attached documents and annexes to these Terms.

The xSigning services, documentation, and site are provided “as is” and “as available.” Your use of the xSigning services, documentation, and site is at your own risk. xSigning and its respective officers, directors, employees, members, shareholders, agents, affiliates, subsidiaries, and licensors (“xSigning parties”):

(a) make no representations or warranties of any kind, whether express, implied (whether by fact or law), or statutory, as to any matter;

(b) expressly exclude all implied warranties of merchantability, fitness for a particular purpose, quality, accuracy, and ownership; and

(c) do not warrant that the services, documentation, or xSigning site are or will be error-free, will meet all requirements, or will be timely or secure. You will be solely responsible for any damage resulting from the use of the services, documentation, or xSigning site.

The xSigning parties make no warranty or representation that the services, documentation, and xSigning site have been provided with due competence, care, and diligence or regarding the accuracy or completeness of the xSigning services, documentation, and site content; and assume no responsibility for any: (i) errors or inaccuracies in the content; (ii) personal injury or property damage, of any nature, resulting from your access to and use of the xSigning services, documentation, and site; (iii) any unauthorized access to or use of our servers and/or any personal and/or financial information stored therein; (iv) any interruption or cessation of transmission to or from the site; (v) any errors, viruses, “trojans,” or similar, that may be transmitted to or from the site by third parties; (vi) any loss of your data or site content; and/or (vii) any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the xSigning services, documentation, and site. You will not have the right to make or waive any representation or warranty on behalf of xSigning to any third party. Because some states and jurisdictions do not allow limitations on implied warranties, the foregoing limitation may not apply to you. In that case, such warranties are limited to the maximum extent permitted by law, and for the minimum period permitted by law, for the period of the applicable mandatory warranty.

The xSigning parties do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, and the parties to any document will not be a party to or in any way responsible for monitoring any transaction between you and third-party providers of products or services. You are solely responsible for all your communications and interactions with other persons with whom you communicate or interact as a result of your use of the site.

You will defend, indemnify, and hold us harmless from any claim, civil liability, damages from third parties, directors, employees, suppliers, consultants, and agents, when these arise or are related to, as applicable: (a) your access to and use of the Site; (b) your violation of these Terms by you, your Account Administrator(s), or Authorized Users, as applicable; (c) your infringement of any intellectual property or other right of any person or entity; (d) the nature and content of all Client Data processed by the xSigning Services; or (e) any product or service purchased or obtained by you in connection with the Site.

xSigning retains the exclusive right to settle, compromise, and pay, without your prior consent, any and all claims or causes of action asserted against us. We reserve the right to assume the defense and exclusive control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnification obligations without our prior written consent. We will use reasonable efforts to notify you of any claim, action, or proceeding upon becoming aware of it.

11.1 Third-Party Content

We may provide, or third parties may provide, links to third-party websites, services, or resources that are beyond our control. We make no representations as to the quality, suitability, functionality, or legality of any third-party content for which links are provided, and you waive any claim you may have against us regarding such services. XSIGNING IS NOT RESPONSIBLE FOR INTERNET CONTENT OR WEB PAGES OUTSIDE THE SITE OR FOR USER-CREATED CONTENT POSTS. Your correspondence or business dealings, or participation in promotions of advertisers or partners found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser or partner. You agree that we are not responsible for any loss or damage of any kind incurred as a result of such dealings or as a result of the presence of such advertisers or links to third-party websites or resources on the Site.

11.2 Relationship

At all times, you and xSigning are independent contractors and are not agents or representatives of each other. These terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries of these Terms. You must not represent to anyone that you are an agent of xSigning or that you are authorized to bind or commit xSigning in any way without xSigning’s prior written authorization.

11.3 Assignability

You may not assign or transfer your rights or obligations under these Terms without xSigning’s prior written consent. If consent is granted, these Terms will bind your successors and assigns. Any attempt by you to transfer your rights, obligations, or duties under these Terms, except as expressly stipulated in these Terms, will be void. xSigning may freely assign its rights, duties, and obligations under these Terms.

11.4 Notices

Except as permitted by these Terms, any notice required or permitted regarding the xSigning Services will be effective only if made in writing and sent using the email account info@xsigning.com. The Client or xSigning may change its email address for receiving notices by notifying the other party in accordance with this Section 11. Notices are deemed delivered upon receipt.

11.5 Force Majeure

Except for any payment obligation, neither you nor xSigning will be liable for failure to perform any obligation under these Terms to the extent such event is caused by a force majeure event (including acts of God, natural disasters, war, civil unrest, governmental action, strike, and other causes beyond the reasonable control of the affected party). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as possible. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.

11.6 Promotion of Services on Social Media

Clients are informed that the various xSigning services will be promoted through social networks but that, in no case, will their data be treated inappropriately or disproportionately; thanking in advance the comments and interventions that the Client makes on xSigning’s social media profiles where information that may be of interest to the community is published.

Currently, xSigning is present on Linkedin, X, and Discord, so Clients are invited to visit these profiles so they can also enjoy current content.

11.7 Applicable Language

In case of disagreement between this text and any translation of these conditions, the Spanish version will prevail in all cases since the service provider, xSigning, is located in Spanish territory. In the event of discrepancies between the Spanish version of the general conditions and any translations, the Spanish version will always prevail.

11.8 Severability

If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining parts of these Terms will remain in full force and effect.

11.9 How to Contact Us

If you have any questions regarding the site or the Terms, prices, complaints, or other issues, please contact xSigning at info@xsigning.com

11.10 Applicable Law and Jurisdiction

These general conditions are governed by Spanish law. For the determination of the place of conclusion of the service contract to which these General Conditions are subject, the provisions of Article 29 of Law 34/2002, of July 11, on information society services and electronic commerce, will apply.