Terms of Use

These Terms of Use ("Terms") govern your use of PenMarker, including this website, the PenMarker app, the API and any signing links we send (together, the "Service"). The Service is provided by Envision First, LLC ("we", "us"). By creating an account, signing a document, subscribing to our emails or otherwise using the Service, you agree to these Terms. If you use the Service for an organization, you agree on its behalf and confirm you have authority to do so.

1. The Service

PenMarker lets you upload documents, place fields for recipients, send them for electronic signature, sign documents sent to you, and keep sealed copies with an audit trail. Features may change over time; we will give reasonable notice of changes that materially reduce what the Service does.

2. Accounts and security

• You must give accurate information and keep it up to date.
• You are responsible for your password, your authenticator, and everything done under your account. Turn on two-step verification and tell us promptly about any unauthorized use.
• Vault owners decide who belongs to their vault and are responsible for their members' use of it.
• We may sign you out after a period of inactivity to protect your account.

3. Electronic signatures and records

By signing through PenMarker you agree to do business electronically and that your electronic signature has the same effect as a handwritten one, as permitted by applicable law (for example, the U.S. ESIGN Act and UETA, and the EU eIDAS Regulation).

You may withdraw consent to sign electronically by declining to sign; ask the sender for a paper alternative. Some documents (for example certain wills, court orders or notices required by law to be on paper) may not be signed electronically. You are responsible for choosing documents that may lawfully be signed this way.

For each signature we record the signer's name and email, the time, the IP address and the device's browser details, and add them to the document's audit trail and certificate.

PenMarker is a signing platform, not a party to your agreements, and does not give legal advice. We do not check the content of documents or verify a signer's identity beyond the email address or link the signing request was sent to, unless you use an additional verification method we offer.

4. On-chain records

When you choose "Record on-chain", we write one SHA-256 fingerprint of the sealed document's manifest (not the document or any personal data) to the public XRP Ledger. Ledger records are public and permanent and cannot be removed, including by us. A record proves that a document with that fingerprint existed at that time; it does not prove what the document means or that it is enforceable. Ledger availability and fees are outside our control.

5. Your content

You keep all rights to the documents and data you upload ("Your Content"). You give us permission to host, process, transmit and display Your Content only as needed to provide the Service to you and the people you share it with.

You confirm you have the right to upload Your Content and to send it to your recipients, and that it does not break the law or anyone else's rights.

Sealed documents stay in your archive until you delete them or your vault's retention period ends. After an account closes we delete Your Content within a reasonable time, except where the law requires us to keep it.

6. Acceptable use

You must not use the Service to:

• send documents that are fraudulent, deceptive, or meant to impersonate someone;
• send spam or signing requests to people who have not agreed to receive them;
• upload malware or content that is unlawful, harassing or infringing;
• probe, scan or test the Service's security, overload it, or get around its limits or access controls; or
• copy, resell or reverse-engineer the Service except where the law allows it.

7. Privacy

We handle personal data as described in our Privacy Policy. You are responsible for having a lawful basis to share recipients' details with us and for telling them how their data is used.

8. Plans and payment

Paid plans renew automatically until cancelled. Fees are charged in advance and are not refundable except where required by law or stated in your plan. We will give at least 30 days' notice of price changes.

9. Suspension and termination

You may stop using the Service and close your account at any time. We may suspend or close an account that breaks these Terms or puts the Service or other users at risk; we will tell you why unless the law or a security concern prevents it, and give you a reasonable chance to download your sealed documents.

10. Disclaimers and liability

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim all implied warranties, including merchantability, fitness for a particular purpose and non-infringement.

To the extent the law allows, we are not liable for indirect, incidental, special or consequential damages, or lost profits or data, and our total liability for any claim is limited to the amount you paid us in the 12 months before the claim.

Nothing in these Terms limits liability that cannot be limited by law.

11. Changes to these Terms

We may update these Terms. We will post the new version here with a new "Last updated" date and, for material changes, notify you in the app or by email before they take effect. Continuing to use the Service after that date means you accept the new Terms.

12. Governing law and contact

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, and disputes will be heard in the state or federal courts located there. Questions about these Terms: email support@penmarker.com.