Terms of Service

1. The company

BorrowDocs is operated by BorrowDocs Inc., a corporation organised under the laws of the State of New York, with its principal office at:

By creating an account, sending a packet, or signing a document through the service, you accept these terms. If you are accepting on behalf of a company, you confirm that you are authorised to bind that company.

2. Accounts

You must provide accurate information, keep your credentials confidential, and tell us promptly at help@borrowdocs.com if you believe an account has been used without authorisation. You are responsible for activity carried out under your account. Sending lending documents requires verification of the entity and the lending jurisdiction, which we may grant, decline or withdraw at our discretion.

3. Acceptable use

You agree not to use the service to:

• send documents you are not authorised to send, or impersonate another person or entity;
• present terms you know to be false, or alter a document after a signer has executed it;
• circumvent verification, rate limits, security controls or the signing order;
• upload malicious code, or attempt to access data belonging to another account;
• use the service in a way that violates lending, consumer protection, privacy or sanctions law.

4. Documents, retention and legal hold

You own the documents you upload and the packets you create. We store executed packets and their certificates of execution for ten years from the date of sealing unless a longer retention schedule or a legal hold applies to your account. A packet under legal hold cannot be deleted by anyone, including your own administrators, until the hold is lifted. We process your documents only to provide the service.

5. Electronic signatures

Signatures captured through BorrowDocs are intended to be valid and enforceable electronic signatures under the federal Electronic Signatures in Global and National Commerce Act (ESIGN), under the Uniform Electronic Transactions Act (UETA) as adopted by the states, and under Regulation (EU) No 910/2014 (eIDAS) where applicable. Consent to do business electronically is captured from every signer before the first field is completed, as described in our E-Sign Consent. Nothing here is legal advice about the enforceability of any particular document.

6. Termination

You may close your account at any time by writing to help@borrowdocs.com. We may suspend or terminate an account that breaches these terms, that creates legal risk, or that fails verification. On termination you may export your executed packets and certificates; we retain what the retention period and any applicable hold require.

7. Limitation of liability

The service is provided on an as-is basis. To the fullest extent permitted by law, BorrowDocs Inc. is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, lost funding or lost data. Our aggregate liability arising out of or relating to the service is limited to the amounts you paid us in the twelve months preceding the event giving rise to the claim. Some jurisdictions do not allow certain limitations, in which case the limitations apply to the extent permitted.

8. Governing law and disputes

8.1 Governing law

These terms are governed by the laws of the State of New York, without regard to its conflict-of-laws rules. The state and federal courts located in New York County, New York have exclusive jurisdiction, except where arbitration applies under section 8.3.

8.2 Consumer protection

Nothing in these terms limits any right you may have under New York General Business Law § 349 or other applicable consumer protection law. Complaints may also be directed to the New York State Attorney General, Bureau of Consumer Frauds and Protection.

8.3 Dispute resolution

Before filing, the parties agree to attempt resolution in good faith for sixty days after written notice. If that fails, disputes are resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in New York County, New York. Claims are brought individually and not as a class, collective or representative action. Either party may bring an individual claim in small claims court instead.

9. Email communications

Purpose

We send two kinds of email. Service email is part of the product: signature requests, reminders, packet status changes, countersignature notices, certificate delivery, account and security alerts. Marketing email is optional and is only sent if you checked the marketing box at signup or opted in later.

Frequency

Service email is sent as events happen and cannot be switched off while your account is open, because it is how the product works. Marketing email is limited to no more than two messages per month.

Costs

We do not charge for email. Your internet or mobile provider may. Message and data rates may apply.

Unsubscribe and HELP

Every marketing email carries a one-click unsubscribe link in its footer, and honours one-click list unsubscribe in your mail client. You may also unsubscribe at BorrowDocs unsubscribe, or email help@borrowdocs.com with the word UNSUBSCRIBE. Opt-outs are processed immediately and in all cases within ten business days. For assistance, email the same address with the word HELP, or call (877)-206-3418 during Monday to Friday, 9:00 to 18:00 Eastern. Unsubscribing from marketing email does not stop service email while your account remains open.

Eligibility

You must be at least 18 years old and the owner or authorised user of the address you provide.

10. Contact