Posted: May 9, 2025
Effective as of: May 9, 2025
These MyTechPassport E-Sign Terms of Service (the “Terms” or the “Agreement”) govern access to and use of the MyTechPassport E-Sign, MyTechPassport Forms, and MyTechPassport Fax websites and services (collectively “MyTechPassport E-Sign Services”). You may be considered a visitor to our properties (“Site Visitor”), or an individual and/or entity that creates an account or purchases/uses the MyTechPassport E-Sign Services (collectively “Customer”). Customers and Site Visitors may be referred to in these Terms as “you” and “your” as applicable. These Terms are an agreement between you and one of the entities identified below (each, “MyTechPassport,” “we” or “us” for purposes of these terms). Please note that we may modify these Terms as further described in the amendments section below, so you should make sure to check this page from time to time. Our Privacy Policy explains how we collect and use your information, our Acceptable Use Policy outlines your responsibilities when using our Services, and our Service-Specific Terms contains terms that may be applicable to particular services. By using our Services, you’re agreeing to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and the Service-Specific Terms.
If you are agreeing to these Terms and, if applicable, the Data Processing Agreement, for use of the MyTechPassport E-Sign Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these terms, otherwise you must not sign up for the MyTechPassport E-Sign Services.
For purposes of these Terms, MyTechPassport refers to:
MyTechPassport provides a suite of products and services that allow Customers to streamline complex transactions through innovative digital solutions such as electronic signature, and workflow automation. MyTechPassport also provides application programming interfaces (the “API”) that allow Customers to build integrated fax, signature or workflow automation solutions within a Customer’s websites, applications, or other properties (“Customer Properties”).
Certain MyTechPassport E-Sign Services have specific terms (“Service Specific Terms”), which are currently available here. In case of a conflict between the applicable Service Specific Terms for a certain product and these Terms, the Service Specific Terms will control.
3.1 Customer and its Authorized Users (as defined below) may need to register for a MyTechPassport E-Sign account to place orders or to access or use a MyTechPassport E-Sign Service. MyTechPassport may create an account for users in order to use the MyTechPassport E-Sign Service. Account information must be accurate, current, and complete, and will be governed by the MyTechPassport Privacy Policy for the MyTechPassport E-Sign Services (currently available at mytechpassport.com/privacy-policy/). Customer agrees to keep this information up-to-date so that MyTechPassport may send notices, statements, and other information by email or through the MyTechPassport E-Sign Services. Customer must ensure that any passwords, and other access credentials (such as API tokens) for the MyTechPassport E-Sign Services are kept strictly confidential and not shared with any unauthorized person. If any Authorized User stops working for Customer, Customer must immediately terminate that person’s access to its account and any MyTechPassport E-Sign Service. Customer will be responsible for any and all actions taken using its and its users’ accounts, passwords or access credentials. Customer must notify MyTechPassport immediately of any breach of security or unauthorized use of its account. Accounts are granted to specific Customers and must not be shared with others. You may only use this Site and the MyTechPassport E-Sign Services if you are 18 years of age or older, able to legally agree to these Terms, and not a competitor to MyTechPassport (or developing any competing and/or similar products or services). You may also allow your Authorized Users (as defined below) to use and access the MyTechPassport E-Sign Services on your behalf.
3.2 An “Authorized User” is defined as an individual person (e.g. employee, contractor, agent of a Customer) who is registered and permitted by a Customer to use the MyTechPassport E-Sign Services subject to these Terms and any restrictions in an applicable Subscription Plan (as defined below). Customer shall ensure that its Authorized Users comply with these Terms and Customer is responsible for all actions of its Authorized Users.
4.1 Limited License. Subject to these Terms, MyTechPassport grants to Customer a limited, non-exclusive, non-transferable license to use and access the MyTechPassport E-Sign Services for its business purposes as expressly permitted in these Terms. Your use and access to the MyTechPassport E-Sign Services are subject to any limitations set forth in an applicable order form, online plan or the Service Specific Terms (whether paid or free, collectively “Subscription Plan”).
4.2 General Restrictions. Customer must not (and must not allow any third party to):
i. rent, lease, copy, transfer, resell, sublicense, lease, time-share, or otherwise provide access to the MyTechPassport E-Sign Services to a third party (except Authorized Users or as permitted under the Service Specific Terms);
ii. incorporate the MyTechPassport E-Sign Services (or any portion of such) with, or use it with or to provide, any site, product, or service, other than on sites/applications owned-and-operated by Customer and as specifically permitted herein;
iii. publicly disseminate information regarding the performance of the MyTechPassport E-Sign Services (which is deemed MyTechPassport’s Confidential Information);
iv. modify or create a derivative work of the MyTechPassport E-Sign Services or any portion of it;
v. reverse engineer, disassemble, decompile, translate, or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats, or non-public APIs to any MyTechPassport E-Sign Service, except to the extent expressly permitted by applicable law and then only with advance notice to MyTechPassport;
vi. break or circumvent any security measures, rate limits, or usage tracking (such as event tracking) of the MyTechPassport E-Sign Service, or configure the MyTechPassport E-Sign Services (or any component thereof) to avoid sending events or transactions or to otherwise avoid incurring fees;
vii. distribute any portion of the MyTechPassport E-Sign Services except as permitted herein;
viii. access the MyTechPassport E-Sign Services for the purpose of building a competitive product or service or copying its features or user interface;
ix. use the MyTechPassport E-Sign Services for purposes of product evaluation, benchmarking, or other comparative analysis intended for publication without MyTechPassport’s prior written consent; or
x. remove or obscure any proprietary or other notices contained in the MyTechPassport E-Sign Service, including in any reports or output obtained from the MyTechPassport E-Sign Service.
xi. use or permit the MyTechPassport E-Sign Services to be used for any illegal or misleading purpose, or any manner inconsistent with these Terms.
xii. store, transmit or otherwise process any information via the MyTechPassport E-Sign Services that falls within the definition of “Protected Health Information” under the HIPAA Privacy Rule (45 C.F.R. Section 164.051), unless Customer and MyTechPassport separately enter into a HIPAA Business Associate Agreement.
5.1 Customer Data. As between the parties, Customer retains all right, title, and interest (including any intellectual property rights) in and to the content and documents that Customer uploads into the MyTechPassport E-Sign Services (excluding any MyTechPassport intellectual property) (the “Customer Data”). Customer hereby grants MyTechPassport a non-exclusive, worldwide, royalty-free right and license to collect, use, copy, store, transmit, modify, and create derivative works of the Customer Data to the extent necessary to provide the MyTechPassport E-Sign Services or as otherwise permitted in these Terms. Customer expressly authorizes MyTechPassport to use and process Customer Data (including any Confidential Information contained therein) as described in these Terms and in the MyTechPassport E-Sign Privacy Policy, which provides for, but is not limited to, delivering and sharing of content and documents as directed by Customer’s use of the MyTechPassport E-Sign Services with third parties (e.g. individuals/legal entities) that Customer invites to view, approve or sign such contents and documents. These licenses and permissions extend to our affiliates and trusted third parties we work with.
5.2 Aggregate/Anonymous Data. Customer agrees that MyTechPassport will have the right to generate aggregate or anonymous data and that aggregate or anonymous data is owned by MyTechPassport, which MyTechPassport may use for any business purpose during or after the term of this Agreement (including without limitation to develop and improve MyTechPassport’s products and services and to create and distribute reports and other materials). For clarity, MyTechPassport will only disclose aggregate or anonymous data externally in a de-identified (anonymous) form that does not identify Customer, Authorized Users, or end users, and that is stripped of all persistent or personal identifiers. Customer is not responsible for MyTechPassport’s use of aggregate or anonymous data.
5.3 MyTechPassport Intellectual Property. This is a subscription agreement for access to and use of the MyTechPassport E-Sign Services. Customer acknowledges that it is obtaining only a limited right to use the MyTechPassport E-Sign Services and that irrespective of any use of the words “purchase”, “sale” or similar terms, no ownership rights are transferred to Customer (or its Authorized Users or end users) under these Terms. Customer agrees that MyTechPassport (and its suppliers) retain all rights, title and interest (including all intellectual property rights) in and to all MyTechPassport E-Sign Services, and all related or underlying documentation, technology, code, know-how, logos, templates, anything delivered as part of support of other services, and any updates, modifications, or derivative works of any of the foregoing (all of which is deemed MyTechPassport’s Confidential Information) and that MyTechPassport reserves any licenses not specifically granted in these Terms. Other than the applicable mobile applications and APIs, the MyTechPassport E-Sign Services are offered as an online, hosted product. Accordingly, Customer acknowledges and agrees that it has no right to obtain a copy of the software behind any MyTechPassport E-Sign Services and that MyTechPassport at its option may make updates, bug fixes, modifications or improvements to the MyTechPassport E-Sign Services from time-to-time.
5.4 Feedback. If Customer elects to provide any suggestions, comments, improvements, information, ideas or other feedback or related materials to MyTechPassport (collectively, “Feedback”), Customer hereby grants MyTechPassport a worldwide, perpetual, non-revocable, sublicensable, royalty-free right and license to use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these Terms limits MyTechPassport’s right to independently use, develop, evaluate, or market products, whether incorporating Feedback or otherwise.
6.1 MyTechPassport E-Sign Privacy Policy. The information you provide to us or that we collect will be used as described in these Terms and in the MyTechPassport E-Sign Privacy Policy (currently available at Mytechpassport.com/privacy). Please carefully read the MyTechPassport E-Sign Privacy Policy as it contains important details about our collection, use and retention of information.
6.2 Security. MyTechPassport protects your information from unauthorized use or disclosure by taking reasonable technical and organizational measures designed to secure our systems from unauthorized access, use or modification.
6.3 Customer data limitations. This Agreement constitutes Customer’s instructions to MyTechPassport to Process Customer Data. MyTechPassport, MyTechPassport personnel and its Subcontractors will only Process, access, use, store, and transfer Customer Data as Customer instructs in order to deliver the MyTechPassport E-Sign Services and to fulfill MyTechPassport’s obligations in the Agreement. The categories of Personal Data to be processed by MyTechPassport and the processing activities to be performed under this Agreement are set out in the Data Processing Agreement. MyTechPassport will inform Customer of any legal requirement which prevents it from complying with Customer’s instructions, unless prohibited from doing so by applicable law or on important grounds of public interest. Any MyTechPassport personnel who have access to Customer Data will be bound by appropriate confidentiality obligations.
6.4 Data Transfers
6.4.1 Data Transfer. Customer agrees that MyTechPassport and its Subcontractors may transfer Customer Data to and access, use, and store Customer Data in locations other than Customer’s country.
6.4.2 Data Processing Agreement. To the extent Customer Data is subject to EU Data Protection Laws and is processed by MyTechPassport on Customer’s behalf, Customer and MyTechPassport agree to the Data Processing Agreement. The Data Processing Agreement applies only to the MyTechPassport E-Sign Services, and does not apply to Beta Services.
“Data Processing Agreement” means the agreement with MyTechPassport related to compliance with EU Data Protection Laws set forth at the following link or other link that MyTechPassport may provide.
6.4.3 EU-U.S. and Swiss-U.S. Privacy Shield Programs. MyTechPassport is certified and complies with the EU-U.S. and Swiss-U.S. Privacy Shield Programs, as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of Personal Data transferred from the EEA, Switzerland, and the United Kingdom (to the extent it is no longer part of the EEA) to the United States in reliance on Privacy Shield. If the Privacy Shield Programs are invalidated, MyTechPassport will use commercially reasonable efforts to comply with alternate or successor data transfer mechanisms.
8.1 Subscription Plan. The prices, features, and options of the MyTechPassport E-Sign Services depend on the Subscription Plan selected by Customer (including any usage or overage fees). MyTechPassport does not guarantee that your particular Subscription Plan will be offered indefinitely. We reserve the right to change the prices, features, or options included in a particular Subscription Plan without notice, provided that such changes shall not take effect until your next applicable Subscription Term (as defined below).
8.2 Recurring Charges and Upgrades. By signing up for a Subscription Plan, Customer authorizes MyTechPassport to charge Customer’s payment method on a recurring basis (e.g. monthly, quarterly, or yearly depending on Customer’s Subscription Plan) without an invoice. Customer expressly authorizes MyTechPassport to charge its payment method (such as a credit card) for the applicable Subscription Plan charges, any usage or overage charges, and any and all applicable taxes and fees. Such authorization is effective until the end of the Subscription Term (as defined below) and any applicable Renewal Term, or until Customer cancels all of its subscriptions.
If Customer exceeds their Subscription Plan’s usage limits, Customer will be automatically upgraded into the next highest Subscription Plan and Customer expressly acknowledges and agrees that it will pay for the upgraded Subscription Plan. All upgrade fees and charges are non-refundable, even if Customer did not use the full usage allotment of the applicable Subscription Plan.
8.3 Taxes. MyTechPassport’s fees are exclusive of all taxes, and Customer must pay any applicable sales, use, VAT, GST, excise, withholding, or similar taxes or levies, whether domestic or foreign, other than taxes based on the income of MyTechPassport. Customer will not deduct any applicable taxes from the payments to MyTechPassport, except as required by law. If such deduction is required by law, Customer will increase the amount payable as necessary so that after making all required deductions and withholdings, MyTechPassport receives and retains (free from any such liabilities) an amount equal to the amount it would have received had no such deductions or withholdings been made.
8.4 Auto-renewals and Trials. IF YOUR ACCOUNT IS SET TO AUTO-RENEWAL OR IS IN A TRIAL PERIOD AND YOU HAVE PROVIDED A METHOD OF PAYMENT TO MYTECHPASSPORT FOR THE MyTechPassport E-Sign SERVICES, MYTECHPASSPORT MAY CHARGE YOU AUTOMATICALLY AT THE END OF THE TRIAL OR FOR THE RENEWAL, UNLESS YOU NOTIFY MYTECHPASSPORT THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION.
8.5 Purchase Orders. Customer agrees that it will pay all amounts owed, including recurring charges, without requiring any purchase orders or reference(s) to purchase order numbers. If a purchase order is required, then Customer will promptly notify MyTechPassport at least thirty (30) days prior to such requirement and the parties will cooperate in good faith in implementing a billing process that includes references such purchase order numbers. Customer agrees that any purchase orders are for administrative purposes only and that any non-administrative terms (including, but not limited to legal, security, privacy, or finance terms) contained in its purchase order(s) do not apply to its purchase or use of MyTechPassport services.
8.6 No Refunds. Subscription and usage or overage fees (and any other fees associated with the MyTechPassport E-Sign Services, including higher subscription fees for upgrades) are non-refundable and non-creditable, except where required by law. MyTechPassport E-Sign Services subscriptions may be cancelled, and such cancellations take effect at the end of your then-current Subscription Term (for example, if you are on a paid monthly subscription the cancellation will take effect the following month, but if you are on a paid yearly subscription the cancellation will take effect the following year). Once your cancellation is effective, you will be downgraded to a free plan and will lose subscription features and functionality. If you don’t pay for your subscription(s) on time, we reserve the right to suspend you or remove subscription features.
8.7 Late Fees & Collection Costs. Late payments may be subject to a service charge equal to the lesser of 1.5% per month of the amount due or the maximum amount allowed by law. You agree to reimburse MyTechPassport for any costs or expenses incurred by MyTechPassport to collect amounts that remain unpaid after the due date. Amounts due to MyTechPassport E-Sign may not be withheld of offset by you against amounts due for any reason.
ALL MyTechPassport E-Sign SERVICES, DOCUMENTATION, AND SITES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. NEITHER MYTECHPASSPORT NOR ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MYTECHPASSPORT MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT MyTechPassport E-Sign SERVICES WILL MEET CUSTOMER’S REQUIREMENTS OR EXPECTATIONS, THAT CUSTOMER DATA WILL BE ACCURATE, COMPLETE, OR PRESERVED WITHOUT LOSS, OR THAT MyTechPassport E-Sign SERVICES WILL BE TIMELY, UNINTERRUPTED OR ERROR-FREE. MYTECHPASSPORT DOES NOT GUARANTEE THAT SECURITY MEASURES WILL BE ERROR-FREE AND WILL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS BEYOND ITS REASONABLE CONTROL. MYTECHPASSPORT WILL NOT BE RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY CUSTOMER PROPERTIES, CUSTOMER DATA, THIRD-PARTY PRODUCTS, THIRD-PARTY CONTENT, OR NON-MyTechPassport E-Sign SERVICES (INCLUDING FOR ANY DELAYS, INTERRUPTIONS, TRANSMISSION ERRORS, SECURITY FAILURES, AND OTHER PROBLEMS CAUSED BY THESE ITEMS), FOR THE COLLECTION, OR THE USE AND DISCLOSURE OF CUSTOMER DATA AUTHORIZED BY THESE TERMS. THE DISCLAIMERS IN THIS SECTION 11 WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CUSTOMER AND SITE VISITORS MAY HAVE OTHER STATUTORY RIGHTS, HOWEVER, ANY STATUTORILY REQUIRED WARRANTIES UNDER APPLICABLE LAW, IF ANY, WILL BE LIMITED TO THE SHORTEST PERIOD AND MAXIMUM EXTENT PERMITTED BY LAW.
MyTechPassport may provide, or third parties may provide, links to other third-party websites, services, or resources that are beyond our control. MyTechPassport is not responsible for these third-party products or content. MyTechPassport makes no representations or warranties as to the quality, suitability, functionality, or legality of any third-party products or third-party content to which links may be provided, and you hereby waive any claim you might have against us with respect to such. Customer agrees that MyTechPassport is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third-party products or third-party content.
15.1 Assignment. These Terms will bind and inure to the benefit of each party’s permitted successors and assigns. Neither party may assign these Terms without the advance written consent of the other party, except that MyTechPassport may assign these Terms without consent to an Affiliate or in connection with a merger, reorganization, acquisition, or other transfer of all or substantially all of its assets or voting securities. Any attempt to transfer or assign these Terms except as expressly authorized under this Section 15.1 will be void.
15.2 Notices. Any notice or communication under these Terms must be in writing. Customer must send any notices under these Terms (including breach notices) to MyTechPassport, in English, at the following address, support@mytechpassport.com, and include “Attention: Legal Department” in the subject line. MyTechPassport may send notices to the email addresses on Customer’s account or, at MyTechPassport’s option, to Customer’s last-known postal address. MyTechPassport may also provide operational notices regarding the MyTechPassport E-Sign Services or other business-related notices through conspicuous posting of the notice on MyTechPassport’s website or the MyTechPassport E-Sign Service. Each party consents to receiving electronic notices. MyTechPassport is not responsible for any automatic filtering Customer or its network provider may apply to emails.
15.3 Publicity. Unless otherwise specified in an applicable Order Form, MyTechPassport may use Customer’s name, logo, and marks to identify Customer as a MyTechPassport customer on MyTechPassport’s website and other marketing materials.
15.4 Subcontractors. MyTechPassport may use subcontractors and permit them to exercise the rights granted to MyTechPassport in order to provide the MyTechPassport E-Sign Services and related services. These subcontractors may include, for example, MyTechPassport’s hosted service and email providers. However, subject to all terms and conditions of these Terms, MyTechPassport will remain responsible for: (i) compliance of its subcontractors with the terms of these Terms; and (ii) the overall performance of the MyTechPassport E-Sign Services if and as required under these Terms.
15.5 Subpoenas. Nothing in these Terms prevents MyTechPassport from disclosing Customer Data to the extent required by law, subpoenas, or court orders, but MyTechPassport will use good faith efforts to notify Customer where permitted to do so.
15.6 Independent Contractors. The parties to these Terms are independent contractors, and these Terms does not create a partnership, joint venture, employment, franchise, or agency relationship. Neither party has the power to bind the other or incur obligations on the other party’s behalf without the other party’s prior written consent. Non-parties do not benefit from and cannot enforce these terms. There are no third-party beneficiaries to these Terms. Customer must not represent to anyone that it is an agent of MyTechPassport or is otherwise authorized to bind or commit MyTechPassport in any way without MyTechPassport’s prior written authorization.
15.7 Force Majeure. Neither party will be liable for any delay or failure to perform its obligation under these Terms (except payment obligations) if the delay or failure is due to causes beyond its reasonable control, such as a strike, blockade, war, act of terrorism, riot, natural disaster, failure or reduction of power or telecommunications or data networks or services, or government act.
15.8 Export Control. Customer acknowledges that the MyTechPassport E-Sign Services, documentation, website, and all related products, information, technology, and software are subject to export control laws and regulations of the United States (including, but not limited to, the US Export Administration Act, sanction regulations from the U.S. Department of Treasury Office of Foreign Assets Control [“OFAC”]), and of other jurisdictions. Customer is responsible for obtaining any required export or import authorizations for use of the MyTechPassport E-Sign Services. Customer represents and warrants that it, its Affiliates, and its Authorized Users are not on any U.S. government list of prohibited or restricted parties or located in (or a national of) a country subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country. Customer must not access or use the MyTechPassport E-Sign Services in violation of any U.S. export embargo, prohibition or restriction.
15.9 MANDATORY ARBITRATION; WAIVER OF CLASS ACTIONS. IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate. You and MyTechPassport agree to resolve any claims relating to these Terms or the MyTechPassport E-Sign Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate within 30 days of first registering your account by contacting us at support@mytechpassport.com.
Arbitration Procedures and Fees. The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to. For North Carolina consumers, with respect to claims relating to or arising out of use of the Templates, the arbitration will be held in North Carolina or any other location we agree to. The AAA rules will govern payment of all arbitration fees.
Exceptions to Agreement to Arbitrate. Either you or MyTechPassport may assert claims, if they qualify, in small claims court in San Francisco (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the MyTechPassport E-Sign Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in San Francisco County, California to resolve your claim. ****This exclusive jurisdiction provision does not apply to North Carolina consumers with respect to claims relating to or arising out of use of the Templates.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
