Last updated February 22, 2017
These Terms and Conditions govern your access to and use of MobiSign mobile application for document signing with electronic signature individually (the MobiSign App), as well as any Content and any services and/or software provided through the MobiSign App or by Mediafon Technology, UAB. Please read these Terms and Conditions carefully since any use of this MobiSign App constitutes your acceptance of these Terms and Conditions and create a legally binding Agreement (the Agreement) between you and Mediafon Technology, UAB.
By registering for using the Services, you acknowledge that you had read, understood and agree to be bound by terms of this Agreement and all other any future modifications and procedures.
Mediafon Technology reserves the right to modify and supplement the Agreement. You agree that we shall not be liable to you or to any third party for any modification of the Agreement.
If you do not agree to (or cannot comply with) the terms of this Agreement, then please do not access or otherwise use the Services. If any future changes are unacceptable to you, you should also discontinue using MobiSign App.
Account – a unique account for personal access with file repository of Customer.
Content - any documents, information, text or other materials appearing on the MobiSign App.
Customer – individual that accepts this Agreement, creates an Account and purchases the Subscription Plan. Customer may also be referred to in this Agreement as „you“ and „your“.
Customer data – any Content, data or information that Customer enter into Services or data that is generated from Customer’s use of Services.
Mediafon Technology – Mediafon Technology, UAB, that provides the Serivices.
Services – any services and/or software provided through the MobiSign App or by Mediafon Technology.
Subscription plan – paid plan that enables registration of an Account for the use of Services.
Subscription term – the period of effectiveness of the Subscription plan.
2.1. Mediafon Technology will provide the Services in accordance with this Agreement and Subscription Plan.
2.2. You may not use MobiSign App in any manner that could damage, disable, overburden, impair, reverse engineer or in any way exploit any of the MobiSign App content, in whole or in part, or interfere with any other party’s use and enjoyment of the MobiSign App. As a condition of your use of MobiSign App, you warrant to Mediafon Technology that you will not use MobiSign App for any purpose that is unlawful or prohibited by terms of this Agreement, including any action or practice that reflects poorly on Mediafon Technology or otherwise disparages or devalues Mediafon Technology reputation or goodwill, otherwise your actions will be subject to legal liability.
3.1. You are granted a non-transferable, non-exclusive and revocable right to install and use the MobiSign App strictly in accordance with terms of this Agreement. All content included in MobiSign App mobile application, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in MobiSign App, is the property of Mediafon Technology or its suppliers and protected by laws that protect intellectual property and proprietary rights.
3.2. You will use MobiSign App solely for your personal use, and only as permitted by the Agreement. You agree that you do not acquire any ownership rights in any MobiSign App content. We do not grant you any licenses, express or implied, to the intellectual property of Mediafon Technology except as expressly authorized by terms of this Agreement.
Customer may choose to use products or services that are provided or supported by third parties for use with MobiSign App. Third party services are provided pursuant to the terms of the applicable agreement between the third party who provides the services and Customer. Mediafon Technology make no representations as to the quality, suitability, functionality or legality of any third party services.
5.1. The Customer is responsible that all personal data provided by Customer while using MobiSign App is accurate, correct and complete. Mediafon Technology is not liable for any damage to Customer or any third party due to the fact that Customer provided wrong or incomplete personal data. Any changes of personal data or Customer data must be immediately updated by Customer.
5.2. Personal data of Customer will be used to identify the Customer, provision of Services and other related actions.
5.3. Customer authorizes Mediafon Technology to process personal data of Customer for purposes that are described in the Agreement in accordance with the applicable data protection laws, rules and regulations.
5.4. Personal data that is not directly related to Customer may be used for statistical or marketing purposes. Personal data of Customer will be used without disclosing of Customer‘s personal identity or other personal data that could be used to determine a Customer‘s personal identity.
5.5. Documents that are uploaded for electronic signing are available only to the Customer and parties, invited to sign or view document by Customer.
5.6. Service is provided through 256-bit encryption, TLS connection. All data stored in data centres that comply with ISO 27001. All data is processed in the European Union.
5.7. We recommend and encourage you to think carefully about your personal information security. You are solely responsible for maintaining the confidentiality of your security credentials and security of your device. If you decide to transfer device to another user, make sure that your personal information in MobiSign App is cleared. If you want to use MobiSign App when using the same device again, you will be asked to fill in the missing information. Once you decide to delete MobiSign App, you have to take into account the fact that the mobile application will have to be re-installed.
6.1. MobiSign App provides an opportunity to temporary store documents for signing with electronic signature, to sign document with electronic signature individually or by several persons and to verify documents signed with the electronic signature.
6.2. Mediafon Technology shall make every effort to provide a high level of availability for its Service. However, the Mediafon Technology might be unable to guarantee continuous, fault-free operation of its Service or certain transmission times or capacities. Mediafon Technology reserves the right not to provide its Service at any time, which may result in temporary disruptions. No representations, guarantees or refunds are made in respect to availability, quality, operation or support for data communication on third-party networks. No guarantee may be given for absolute protection of the Service against unauthorized access or interception. Mediafon Technology may at any time adapt or interrupt its services. Mediafon Technology may engage at any time a third party to fulfill any of its obligations under this Agreement.
6.3. MobiSign App uses Android or iOS notifications. Enabling notifications on your mobile device and acceptance to receive notifications is recommended for better use of mobile application. Before taking the decision of turning the notifications off user must pay attention that this decision may lead to not receiving timely information on some changes, new requirements and other important issues.
6.4. Mediafon Technology is not a party in the document that is signed using MobiSign App and is not responsible for the content of document and its legitimacy. Upon signing only you and the other parties are legally required to honour the agreement. Mediafon technology shall not be held liable or responsible to ensure enforceability, agreement failures or agreement breaches by any of the parties.
6.5. Customer is assigned with a limited storage capacity to store user documents, the documents are limited in size as well. Customer has his own responsibility to maintain and archive his content.
7.1. Services are pre-paid, charged to Customer’s credit card and non-refundable.
7.2. The prices, features and options of Services depend of Subscription plan you selected. Mediafon Technology has a right to change the prices for or alter the features and options in a particular Subscription Plan without notice.
7.3. By completing your registration for a Subscription plan, you authorize Mediafon Technology or its agent to charge your payment method on a recurring basis for the Subscription plan charges, any all applicable taxes and any other charges incurred in connection with your use of the Services.
7.4. Subscriptons automatically renews unless auto-renew is turned off at least 24 hours before the end of the current period. Account will be charged for renewal within 24-hours prior to the end of the current period, and identify the cost of the renewal. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user‘s account settings after purchase. No cancellation of the current subscription is allowed during active subscription period.
8.1. MobiSign App is provided on an “as is” and “as available” basis, without warranties of any kind. Mediafon Technology doesn’t make any promises such as any commitments regarding specific functions of the Services, or their reliability and availability.
8.2. Mediafon Technology makes no guarantee regarding the performance of MobiSign App or any third parties networks. Therefore, to the extent permitted by law, Mediafon Technology disclaims any liability that may arise from the performance, including but not limited to failure of other parties‘ networks. In no event will Mediafon Technology be liable under this Agreement for any consequential, special, indirect, exemplary, or punitive damages, including, without limitation, indirect losses, financial or commercial loss, or loss of brand image. In no event will Mediafon Technology or its employees be liable for any loss or damage that is not reasonably foreseeable or caused by the Mediafon Technology client's fault.
8.3. Mediafon Technology is not liable for any losses due to limited availability in the event of force majeure and other defects and failures not controlled by Mediafon Technology which prevent the use of Services to the Customer.
9.1. Customer can cancel the subscription at any time and it will be effective immediately. Customer will retain access to the Service through the Subscription term allready paid.
9.2. Mediafon Technology may suspend any use of the Services with no prior notice to Customer, or remove or disable any Account or content that Mediafon Technology reasonably and in good faith believes violates this Agreement. Mediafon Technology has the right to suspend the Account if Customer is found guilty of sharing sensitive, illegal or stolen information that may cause damages.
10.1. Any controversy or claim arising from or pertaining to the use of the Service shall be governed by Lithuanian law and be submitted to the exclusive jurisdiction of the courts of Lithuania.
10.2. If the regulators or other bodies of competent legal jurisdiction impose new regulations on the Mediafon Technology or Services, Mediafon Technology is authorized to make changes to this Agreement that reflect the new regulations and will submit notifications of changes to its user. Mediafon Technology retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.
Whilst we use all reasonable attempts to ensure the accuracy and completeness of information in MobiSign App, we are not responsible if the information that we make available on mobile application is not accurate or complete. Any reliance upon the material on this mobile application shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this mobile application. Any use of free online translation services is at your own risk. We are not responsible for any third party translations of this mobile application.