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Terms of Service

Version 1.0. Effective May 16, 2026.

1. Acceptance

By creating an Ensealed account or using the service, you agree to these Terms of Service ("Terms"). If you are using Ensealed on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

2. Service description

Ensealed is a hosted electronic signature and document workflow product. We provide cryptographic signing, audit trails, identity verification, and storage of completed documents.

3. Account responsibilities

  • Keep your login credentials confidential.
  • Notify us promptly of any unauthorized account access.
  • You are responsible for everything done under your account.
  • You must be at least 18 years old.

4. Acceptable use

You may not use Ensealed to:

  • Send fraudulent, deceptive, harassing, or unsolicited bulk signing requests.
  • Upload malware or content that infringes intellectual property rights.
  • Process Protected Health Information (PHI) as defined by HIPAA, payment card data, or other data we are not contractually able to process. Ensealed is not HIPAA-compliant in this version of the service.
  • Use Ensealed to violate any law, including securities, export control, or sanctions law.
  • Probe, scan, or test the vulnerability of Ensealed except under our published security disclosure program.
  • Resell Ensealed without a written agreement.

We may suspend or terminate accounts that violate these rules. We will refund unused prepaid service unless the termination was for fraud, abuse, or non-payment.

5. Your content

You retain all rights to the documents and data you upload ("Your Content"). You grant us a limited license to host, process, transmit, and display Your Content solely to provide the service to you and your signers.

We do not train AI models on Your Content. We do not share Your Content with third parties except the subprocessors listed in our Privacy Policy as required to operate the service.

6. Electronic signatures

You acknowledge that signatures created via Ensealed are intended to be legally binding under the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN), the Uniform Electronic Transactions Act (UETA), and the European Union eIDAS Regulation as Advanced Electronic Signatures (AdES).

Ensealed does not issue Qualified Electronic Signatures (QES) under eIDAS. If you require QES, do not use Ensealed for those documents.

You are responsible for ensuring that electronic signatures are valid for the type of document you are signing in your jurisdiction. Some documents (wills, certain real estate instruments, court filings, family law documents in some states) may require wet-ink signatures or notarization. We do not provide legal advice on what is and is not signable.

7. Payment

Paid plans are billed in advance, monthly or annually, via our Merchant of Record Polar Software Inc. Polar handles taxes and collection. Fees are non-refundable except as required by law.

If you exceed plan limits, we will alert you at 50, 80, and 100 percent of the cap. We do not auto-upgrade you. If you do not upgrade or opt in to overage, affected features pause until the next billing cycle.

You may cancel anytime in workspace settings. Cancellation takes effect at the end of the current billing period. The cancellation flow is in the dashboard and does not require a phone call or live agent.

For any paid plan that auto-renews at or above $100 per year, we send the workspace owner an email reminder approximately 30 days before each renewal, as required by California, New York, and similar state auto-renewal laws. The reminder restates the price, the renewal date, and one-click instructions to cancel.

8. Free plan

The Free plan is available to any account at no charge and with no time limit. No credit card is required. Paid features are clearly marked, and you only pay if you choose to subscribe to a paid plan or purchase AI clause-review credits.

9. Suspension and termination

We may suspend or terminate your account for violation of these Terms, non-payment, or to comply with law. We may suspend the service for emergency maintenance with as much notice as practical.

You may terminate at any time by deleting your account in workspace settings. On termination, we delete account data within 30 days. We retain signed documents and their audit trails for 7 years from completion unless you delete them earlier, because they may be required as evidence of executed contracts.

10. Warranty disclaimer

Ensealed is provided AS IS and AS AVAILABLE. We do not warrant uninterrupted or error-free operation. We make no warranty that any document signed via Ensealed will be accepted by any specific court, agency, or counterparty in any specific jurisdiction. You should consult an attorney for any document of material importance.

WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MESQUITE DEV LLC IS NOT LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.

OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE FEES YOU PAID US IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS IF NO FEES WERE PAID.

12. Indemnification

You agree to indemnify and hold us harmless from claims arising out of your violation of these Terms, your use of Ensealed in a way that violates law, or the contents of documents you upload.

13. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to its conflict of laws principles. Any lawsuit related to these Terms or the service must be brought in the state or federal courts located in Maricopa County, Arizona, and you consent to personal jurisdiction in those courts.

Either party may elect to resolve disputes by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Phoenix, Arizona, unless we agree in writing to another venue.

14. Changes

We may update these Terms from time to time. If we make material changes we will notify you at least 30 days in advance via email or in-app banner. Continued use after the effective date constitutes acceptance.

15. Contact

Mesquite Dev LLC. Questions about these Terms: legal@ensealed.com.