1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and eSign.Online ("Company," "we," "us," or "our") governing your access to and use of our website, APIs, and services (collectively, the "Services").
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use our Services.
Note: If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Services
eSign.Online provides the following services:
2.1 Aadhaar eSign Services
Digital signature services using Aadhaar-based authentication in compliance with the Information Technology Act, 2000 and UIDAI guidelines. This includes:
- OTP-based Aadhaar eSign
- Biometric-based Aadhaar eSign
- Face verification-based Aadhaar eSign
- Document signing and verification APIs
2.2 Credit Report Services
Real-time credit score and report retrieval from authorized credit bureaus including:
- CIBIL (TransUnion)
- Experian
- Equifax
- CRIF High Mark
2.3 Identity Verification Services
KYC and identity verification APIs for various government-issued documents.
3. Eligibility
To use our Services, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Be a resident of India or an entity incorporated in India (for certain services)
- Provide accurate and complete registration information
- Maintain the security of your account credentials
4. Account Registration and API Access
4.1 Registration
To access our Services, you must create an account by providing accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials.
4.2 API Keys
Upon registration and approval, you will receive API keys to access our Services. You agree to:
- Keep API keys confidential and secure
- Not share API keys with unauthorized parties
- Immediately notify us of any unauthorized use
- Use API keys only for authorized purposes
4.3 Account Responsibility
You are solely responsible for all activities that occur under your account, whether or not authorized by you.
5. Acceptable Use Policy
5.1 Permitted Use
You may use our Services only for lawful purposes and in accordance with these Terms. You agree to use our Services only for:
- Legitimate business purposes
- Activities compliant with applicable laws
- Purposes for which you have obtained necessary consents
5.2 Prohibited Activities
You agree NOT to:
- Use the Services for any illegal or unauthorized purpose
- Attempt to gain unauthorized access to our systems
- Interfere with or disrupt the Services or servers
- Transmit viruses, malware, or harmful code
- Collect user data without proper consent
- Resell or redistribute our Services without authorization
- Use the Services to harass, abuse, or harm others
- Impersonate any person or entity
- Circumvent rate limits or usage restrictions
- Use automated systems to access the Services in violation of these Terms
Warning: Violation of the Acceptable Use Policy may result in immediate termination of your account and legal action.
6. Compliance Requirements
6.1 Legal Compliance
You agree to comply with all applicable laws and regulations, including but not limited to:
- Information Technology Act, 2000
- Aadhaar Act, 2016 and UIDAI regulations
- RBI guidelines on digital lending and KYC
- Credit Information Companies (Regulation) Act, 2005
- Personal Data Protection laws
- Anti-Money Laundering (AML) regulations
6.2 Consent Requirements
Before using our Services to process any individual's data, you must:
- Obtain explicit, informed consent from the data subject
- Clearly disclose the purpose of data collection
- Provide opt-out mechanisms where required
- Maintain records of consent
7. Pricing and Payment
7.1 Fees
Our Services are provided on a pay-per-use or subscription basis as detailed in our pricing page. All fees are:
- Quoted in Indian Rupees (INR) unless otherwise specified
- Exclusive of applicable taxes (GST)
- Subject to change with 30 days notice
7.2 Payment Terms
| Payment Type | Terms |
|---|---|
| Prepaid Credits | Non-refundable, valid for 12 months |
| Monthly Subscription | Billed monthly in advance |
| Enterprise Plans | As per individual agreement |
7.3 Late Payment
Late payments may result in service suspension and interest charges at 18% per annum.
8. Service Level Agreement (SLA)
We commit to the following service levels:
- Uptime: 99.9% monthly availability
- Response Time: Average API response under 2 seconds
- Support: 24/7 technical support for enterprise customers
Our services are backed by industry-leading certifications:
- ISO 27001 - Information Security Management
- ISO 9001:2015 - Quality Management System
- CMMI - Process Maturity and Quality
- ISO 45001:2018 - Occupational Health and Safety
SLA credits are available for enterprise customers as per individual agreements.
9. Intellectual Property
9.1 Our Intellectual Property
All content, features, and functionality of the Services, including but not limited to text, graphics, logos, APIs, and software, are owned by eSign.Online and protected by intellectual property laws.
9.2 License Grant
We grant you a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms. This license does not include the right to:
- Modify or create derivative works
- Reverse engineer or decompile our software
- Remove any proprietary notices
- Transfer the license to any third party
9.3 Your Content
You retain ownership of any documents or data you submit through our Services. By using our Services, you grant us a limited license to process this content solely to provide the Services.
10. Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability
- Fitness for a particular purpose
- Non-infringement
- Accuracy or completeness of content
We do not warrant that the Services will be uninterrupted, error-free, or completely secure.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
- We shall not be liable for any indirect, incidental, special, consequential, or punitive damages
- We shall not be liable for any loss of data, profits, or business opportunities
These limitations apply regardless of the theory of liability (contract, tort, or otherwise).
12. Indemnification
You agree to indemnify, defend, and hold harmless eSign.Online and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the Services
- Your violation of these Terms
- Your violation of any third-party rights
- Your violation of applicable laws
13. Termination
13.1 Termination by You
You may terminate your account at any time by contacting us at support@esign.online. Unused prepaid credits are non-refundable.
13.2 Termination by Us
We may suspend or terminate your access immediately if:
- You breach these Terms
- You fail to pay applicable fees
- We are required to do so by law
- We discontinue the Services
13.3 Effect of Termination
Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination shall remain in effect.
14. Dispute Resolution
14.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of India.
14.2 Arbitration
Any dispute arising out of these Terms shall be resolved through binding arbitration in accordance with the Arbitration and Conciliation Act, 1996. The seat of arbitration shall be New Delhi, India.
14.3 Jurisdiction
Subject to arbitration, the courts of New Delhi, India shall have exclusive jurisdiction.
15. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
- Posting the updated Terms on our website
- Sending an email to registered users
- Displaying a notice in your dashboard
Continued use of the Services after changes constitutes acceptance of the modified Terms.
16. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and eSign.Online.
- Severability: If any provision is found invalid, the remaining provisions continue in effect.
- Waiver: Failure to enforce any right does not constitute a waiver.
- Assignment: You may not assign these Terms without our consent.
- Force Majeure: Neither party is liable for delays due to circumstances beyond reasonable control.
17. Contact Information
For questions about these Terms, please contact us:
- Email: legal@esign.online
- Support: support@esign.online
- Address: eSign.Online, India