Terms of Service

Waivepad is operated by Waylum Inc., Ontario, Canada (“we”, “us”). These terms are an agreement between you and Waylum Inc.. By using the service you agree to them. If you use Waivepad for a business, you agree on its behalf.

1. The service

• Waivepad lets you publish waivers and other agreements, collect electronic signatures on them, and keep the signed records.
• We provide software. We are not a law firm and do not give legal advice. Templates are examples. You are responsible for the wording of your waivers and for whether they are suitable and enforceable where you operate, including whether electronic signatures meet the law there, such as the US ESIGN Act and UETA.

2. Your responsibilities

• Collect signers’ information lawfully, tell them how you use it, and answer their requests about it.
• Keep your own copies of records you are legally required to keep. Export them regularly.
• Keep your sign-in secure. You are responsible for activity under your account.
• Do not use the service to collect information you do not need, payment card numbers, or government ID numbers.
• Waivepad is not designed for protected health information under HIPAA, and we do not sign business associate agreements. If you are a HIPAA covered entity or business associate, do not use it for that information.
• When you collect signers’ data, we process it for you under our Data Processing Addendum, which forms part of these terms.

3. Plans, payments and refunds

• The free plan includes 1 active waiver and 25 visible signatures a month. Signatures past the limit are stored and shown once you upgrade, or when you choose to upgrade later.
• Pro is billed monthly or yearly through Polar, our merchant of record, and renews until you cancel. Cancellation takes effect at the end of the billing period.
• If something does not work as described, contact us within 14 days of payment and we will fix it or arrange a refund. This does not affect your rights under consumer law.
• Pro includes unlimited waivers and signatures for normal business use. We will contact you before limiting anything that looks like abuse.
• We will email you at least 30 days before a price goes up.

4. Your records

You own your waivers and signatures. We keep them for as long as your account is open. Claims can be brought years after an activity, especially for minors, so export your records before you delete them or close your account. Before we close an account, we will ask you to confirm that you have exported what you need. If we ever shut the service down, we will email account holders at least 6 months ahead and let you export everything.

If we receive a subpoena or other legal request for your records, we will tell you before we respond unless the law forbids it, so you can answer it yourself.

5. Acceptable use

Do not use Waivepad for fraud, to impersonate another business, to collect data deceptively, for anything illegal, or to interfere with the service. We may suspend accounts that do.

6. Disclaimers

The service is provided “as is” and “as available”. We do not promise uninterrupted or error-free service, or that any waiver will be enforced by a court. To the extent the law allows, we disclaim all implied warranties.

7. Limitation of liability

To the extent the law allows, we are not liable for indirect or consequential losses, lost profits, lost or corrupted records, or the outcome of any claim against you. Keep your own exports of records you rely on. Our total liability is limited to the greater of the amount you paid us in the 12 months before the claim and US$100. Nothing here limits liability that cannot be limited by law.

8. Indemnity

You will defend and compensate us for claims, losses and reasonable costs that arise from your waivers, your dealings with signers, or your breach of these terms.

9. Governing law

These terms are governed by the laws of the Province of Ontario, Canada, and disputes will be heard by its courts. If you are a consumer, you keep the protection of the mandatory laws where you live.

10. Changes

We may update these terms. For significant changes we will email account holders at least 30 days before they take effect.

11. General

• We are not a party to any waiver or agreement between you and your signers, and we do not check businesses, signers or activities.
• The service relies on providers such as Cloudflare, Clerk, Polar and Resend. Their terms apply to your use of their services, and we are not responsible for their outages or acts.
• We are not responsible for delays or failures caused by events beyond our reasonable control, such as outages of the internet, hosting or payment networks, attacks, or natural events.
• To the extent the law allows, any claim about the service must be brought within one year after it arises.
• If any part of these terms is unenforceable, the rest still applies. Not enforcing a term is not a waiver. We may transfer this agreement to a company that takes over the service. These terms, with the policies they link to, are the whole agreement about the service, and nothing in them makes us your partner, agent or employee.

Contact

Waylum Inc., Ontario, Canada. Email hello@waivepad.com.