These terms
These terms are an agreement between Binarium, an IT services company in Ontario, Canada ("Binarium", "we", "us"), and the organization that uses bSign (the "customer") and each person who uses it. If you use bSign for an organization, you confirm that you may accept these terms for it. If the customer has a signed agreement with Binarium, that agreement applies where it differs from these terms.
People who only sign or approve documents sent to them use bSign for that purpose alone; the parts of these terms about accounts and payment don't apply to them.
The service
bSign lets organizations prepare documents, send them for signature, sign them, and keep the signed documents with their records. We improve bSign over time and may change or remove features; we won't remove a core feature a paying customer relies on without reasonable notice. Features marked as preview or beta are offered as they are.
Accounts
- Keep your sign-in details secret, use two-step verification where your organization asks for it, and tell us at once if you think someone else has used your account.
- The customer is responsible for what happens under its users' accounts, and its administrators decide who has access to its bSign site.
- Give accurate information when you sign up, and keep it up to date.
Your documents and data
You own the documents and information you put into bSign. You give Binarium permission to store, process and transmit them only as needed to provide bSign to you, to keep it secure, and as the law requires. Our privacy policy explains how we handle personal information.
You are responsible for having the right to upload your documents and to send them to the people you choose, and for any notices or consents the law requires for that. Agreements for regulated information (a HIPAA business associate agreement, a GDPR data processing agreement or a PHIPA agreement) are available on request.
You can download your documents and their certificates at any time while your account is open.
Electronic signatures
bSign provides the tools to sign electronically and records how each document was signed. Electronic signatures are recognized for most documents in Canada, the United States, the European Union and the United Kingdom, but some documents need a handwritten signature, a witness or a particular form, depending on the document and where it is used. You are responsible for deciding whether an electronic signature suits your document. Nothing bSign or Binarium provides is legal advice.
Acceptable use
Don't use bSign to:
- break the law, or help anyone else to;
- deceive people, including phishing or pretending to be someone else;
- send spam or documents people didn't expect from you;
- upload malware, or content you have no right to share;
- try to get around bSign's security or limits, get into accounts or data that aren't yours, or overload the service;
- copy or resell bSign itself, except as a written agreement with us allows.
We may remove content or suspend access that breaks these rules, and will tell you why unless the law or safety prevents it.
Plans and payment
Plans, prices and limits are those on our website or in your agreement with us. Binarium invoices paid plans; prices don't include taxes, which are added as the law requires. If an invoice stays unpaid after we have reminded you, we may limit the account to its free plan or suspend it until it is paid. We tell customers at least 30 days before a price change applies to them.
Availability and support
We work to keep bSign available and fast, and plan maintenance for quiet hours where we can. Support is by email at support@binarium.ca. Service levels, if you need them, are set out in a written agreement.
Microsoft 365 and Google
When you connect a Microsoft 365 or Google account, those services' own terms also apply to your use of them. bSign uses the connection only for the features you use (see the privacy policy). We aren't responsible for those services or for changes their providers make.
Suspension and ending
You can stop using bSign at any time. We may suspend an account that breaks these terms, puts bSign or other people at risk, or has unpaid invoices as described above. When a customer's service ends, it has 30 days to download its documents; after that we delete its data as our privacy policy describes.
Warranties and liability
We provide bSign with reasonable skill and care. Apart from that, and to the extent the law allows, bSign is provided "as is", without other warranties.
To the extent the law allows, Binarium is not liable for indirect or consequential losses, such as lost profits, revenue or data, and Binarium's total liability for any claims about bSign is limited to the fees the customer paid for bSign in the 12 months before the claim (or CAD $100 for free plans). Nothing in these terms limits liability that the law does not allow to be limited.
The customer will cover Binarium's reasonable costs from claims by others arising from the customer's documents or from a breach of the acceptable use rules.
General
We may update these terms. We'll post the new version here with a new date and tell account holders by email about significant changes at least 30 days before they apply; continuing to use bSign after that means you accept them.
These terms are governed by the laws of Ontario and the federal laws of Canada that apply there, and the courts of Ontario decide any dispute. If part of these terms can't be enforced, the rest still applies.
Binarium, Ontario, Canada. support@binarium.ca.