1. Introduction

Welcome to DataPhem, an electronic signature, document management, and workflow automation platform owned and operated by DataPhem LLC ("DataPhem," "we," "our," or "us").

These Terms of Service ("Terms") govern your access to and use of DataPhem, including our websites, web applications, mobile applications, application programming interfaces (APIs), integrations, software, and related services (collectively, the "Services").

These Terms constitute a legally binding agreement between you and DataPhem LLC.

By creating an account, accessing the Services, uploading documents, sending documents, signing documents, integrating with our APIs, purchasing a subscription, or otherwise using DataPhem, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Services.

2. About DataPhem

DataPhem LLC is a technology company and the parent organization behind its software subsidiaries and products. BothSign is a subsidiary and software product of DataPhem. DataPhem develops cloud-based software solutions for electronic signatures, document management, workflow automation, and business productivity.

DataPhem is one of the software products developed, maintained, and operated by DataPhem LLC.

Throughout these Terms:

• "DataPhem," "we," "our," and "us" refer to DataPhem LLC.
• "DataPhem" refers to the electronic signature and document management platform operated by DataPhem.
• "Services" means DataPhem together with any websites, applications, APIs, integrations, and related services provided by DataPhem.

3. Eligibility

You may use the Services only if:

• You have the legal capacity to enter into a binding agreement.
• You are at least the age of majority in your jurisdiction.
• Your use of the Services does not violate applicable laws or regulations.
• You are not prohibited from using the Services under applicable export control or sanctions laws.

If you are using DataPhem on behalf of a company, organization, government entity, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

In such cases, references to "you" include both you and the entity you represent.

4. Account Registration

Certain features of DataPhem require the creation of an account.

You agree to:

• Provide accurate, complete, and current information.
• Maintain the accuracy of your account information.
• Protect the confidentiality of your login credentials.
• Promptly notify DataPhem of any unauthorized use of your account.
• Accept responsibility for activities occurring under your account unless resulting from DataPhem's failure to implement reasonable security measures.

DataPhem reserves the right to suspend or terminate accounts that contain inaccurate, misleading, fraudulent, or incomplete information.

5. Organization Accounts

Organizations may create workspaces allowing multiple authorized users to collaborate within DataPhem.

Organization administrators are responsible for:

• Managing user access.
• Assigning permissions.
• Configuring workspace settings.
• Reviewing activity within the organization.
• Ensuring compliance with applicable laws and internal policies.

DataPhem is not responsible for internal administrative decisions made by organization administrators.

6. Electronic Signatures

DataPhem enables users to prepare, send, receive, and electronically sign documents.

You acknowledge and agree that:

• Electronic signatures created through DataPhem may have legal effect under applicable law.
• You are responsible for determining whether electronic signatures are appropriate for your intended transaction.
• You are responsible for obtaining any required consents from document participants.
• DataPhem does not guarantee that every document or transaction is legally enforceable in every jurisdiction.

Nothing in these Terms constitutes legal advice.

Customers should consult qualified legal counsel regarding the legal validity or enforceability of electronically signed documents where appropriate.

7. Customer Content

Customers retain ownership of the documents, files, templates, and other content they upload or create within DataPhem ("Customer Content").

Except as necessary to provide the Services or as otherwise authorized by the customer or required by law, DataPhem does not claim ownership of Customer Content.

By uploading Customer Content, you represent and warrant that:

• You own the content or have sufficient rights to use it.
• Your use of the content does not infringe the rights of any third party.
• The content complies with applicable law and these Terms.

You grant DataPhem a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, store, display, and otherwise use Customer Content solely as necessary to operate, maintain, secure, and improve the Services in accordance with these Terms and the Privacy Policy.

8. Acceptable Use

You agree to use DataPhem only for lawful purposes and in accordance with these Terms.

You must not:

• Use the Services to violate applicable laws or regulations.
• Upload malicious software or harmful code.
• Attempt to gain unauthorized access to the Services or other users' accounts.
• Interfere with the security, integrity, or availability of the Services.
• Reverse engineer, decompile, or attempt to derive source code except where expressly permitted by law.
• Use the Services to infringe intellectual property rights.
• Send spam, phishing messages, or fraudulent documents.
• Use DataPhem to facilitate illegal, deceptive, or harmful activities.
• Misrepresent your identity or authority.
• Circumvent technical or security protections implemented by DataPhem.

Violation of this section may result in suspension or termination of your account.