Terms & Conditions
swipesign is an electronic signature service provider offering qualified and advanced electronic signatures to businesses, integrating with European Qualified Trust Service Providers [QTSPs] and Certificate Authorities in compliance with eIDAS and European Data Protection Regulations.
These terms govern the customer's use of the swipesign.xyz website and Services, including electronic signature solutions, secure authentication via eIDs [such as ID Austria / A-Trust], templates [collectively, "Services"], and the associated software, applications, user files, scripts, instructions, and related documentation [collectively, "Software"]. Use of the Services or Software constitutes acceptance of these terms. Any other specific agreements with the customer regarding Services or Software shall supersede these terms.
By using the Services, the customer may upload or provide files and information ["User Files"], originally provided or processed using the Services. The customer retains all rights and ownership of their content uploaded and accessed through the Services.
swipesign GmbH operates under Regulation [EU] No. 910/2014 on electronic identification and trust services [eIDAS] and Austrian signature law [Signatur- und Vertrauensdienstegesetz, SVG].
1. How this agreement works
1.1 Choice of law
The contractual relationship is between swipesign GmbH, an Austrian company with registered office at Elisabethstraße 15, Top 5A, 1010 Vienna, Austria, and the customer. Austrian law applies to the Services and Software.
1.2 Privacy
The Privacy Policy governs the customer's personal data. Use of the Services or Software constitutes agreement to the Privacy Policy.
1.3 Modification
swipesign may modify, update, or discontinue Services or Software, wholly or partially, without liability to the customer or any legal entity. Upon discontinuation of a Service, a pro-rata refund of prepaid fees will be provided.
2. Use of service
2.1 License
Subject to compliance with these terms and applicable law, the customer is granted access to use the Services.
2.2 Intellectual property
swipesign and its licensors retain ownership of all rights to the Services, Software, and the website domain. Resale or sublicensing is prohibited unless explicitly agreed upon by contract.
2.3 Pre-release versions
Pre-release or beta versions ["Pre-release Versions"] may be provided, which are not final and may contain errors. The customer must cease use and destroy copies upon request or final release.
3. Customer content
3.1 Ownership
The customer retains all rights and ownership of their User Files. swipesign does not claim ownership of customer content, but does not transfer rights in its Software or Services to the customer.
3.2 Access
swipesign accesses customer content only as necessary to provide and support Services, ensure security, or maintain compliance with applicable law.
3.3 Automatic deletion
Once the signature collection process is complete, swipesign shall notify the customer via email and make the finalised documents available for download for a retention period of 14 days. Following this period, all data associated with the original content is permanently deleted from swipesign's systems. Associated audit trails and signature verification metadata are retained for as long as necessary to fulfil swipesign's legitimate business interest of ensuring legal enforceability and traceability of electronic signatures in compliance with eIDAS and Austrian law.
The customer acknowledges and agrees that it is their sole responsibility to securely store and back up all signed documents and related data within the retention period. swipesign shall not be held liable for any loss, damage, or unavailability of data resulting from the customer's failure to timely download or properly maintain copies of such documents.
4. Account information
You are responsible for all activity that occurs via your account. Please notify us immediately if you become aware of any unauthorized use. You may not share your account information or use another person's account.
5. User conduct
5.1 Responsible use
Individuals under the age of 16 are not allowed to use swipesign Services. If you are within the EEA or a comparable jurisdiction, you may only use our Services if you are of age to consent to data processing or have verifiable parental consent.
5.2 Misuse
Customers must not misuse the Services, Software or content provided by swipesign. Prohibited actions include but are not limited to: unauthorized copying, modification, sublicensing, reselling, access bypassing, unlawful content sharing, service impairment attempts, spam or phishing, data extraction, and legal violations. The customer agrees to comply with EU, UN, and US export control and sanctions laws.
6. Service, fees, and payment
6.1 Plans and services
The swipesign services are offered to the customer in the form of subscription plans, which are available for monthly and yearly booking [Solo, Team, Pro], and the customer selects one of these plans. Specific services provided to the customer are documented and displayed to the customer upon purchase via the swipesign platform and thereafter in the customer account.
6.2 Subscription upgrade
The customer may upgrade to a higher plan at any time during the plan period, meaning from Solo to Team or from Team to Pro. An upgrade during a plan period will automatically end the current plan period and start a new one under the upgraded plan on the day of the upgrade. The already paid fee per seat for the current plan will be proportionally and daily adjusted to the fee for the new plan. The signature volume available to the customer until the upgrade date will be calculated proportionally and daily based on the total signature volume for the current plan divided by the number of days in the current plan period, multiplied by the number of days remaining until the upgrade. Any signatures the customer has exceeded up to that point will be charged additionally at the rate for individually available signatures. Unused signatures under the current plan will expire upon the upgrade.
6.3 Downgrading
Downgrading to a lower plan [from "Pro" to "Team" or from "Team" to "Individual"] is only permitted at the end of a plan period, with a notice period of 30 days before the end of that period.
6.4 Team members
The Team and Pro plans include 10 team members. Additionally, the customer can acquire additional user seats, each including a specific number of advanced electronic signatures [AES] and qualified electronic signatures [QES] plan period. The Solo plan includes only one seat. Upon request, more team members may be purchased under the Enterprise plan section. The awarded signature volume per subscription plan does not change with the onboarding of free team members. Upon automatic renewal at the end of each plan period, the number of additionally purchased user seats will match the number of seats at the end of the previous period. If the customer wants to increase or decrease the user count for the upcoming period, this must be done before the start of the new period.
6.5 Additional signatures surplus charges
When signatures allocated to a subscription are exhausted, the customer must either upgrade the subscription or order additional signatures for payment. Additional signatures may be purchased at any time with surplus charges on a pay-as-you-go basis according to customer requests. Additionally, purchased signatures are invoiced upon request.
Please note: Unused signatures expire at the end of each plan period. At the start of a new period, the customer will have the full number of signatures corresponding to their number of seats.
6.6 Fees, third-party charges, and taxes
Our fees and prices are subject to change. If they change, we aim to notify you one month in advance via our website or email. If you do not agree, you may terminate within that month. To sign documents with a qualified electronic signature [QES] or an advanced electronic signature [AES], authentication of the signatory and a signature created by a certified service or trust service provider is required. swipesign integrates these components with various trusted partners who are compliant with eIDAS and respective national regulations into its services. Any taxes, fees, or third-party charges [including, but not limited to, bank fees] that may arise as a result of your specific requirements shall be your sole responsibility.
6.7 Advanced signature identity verification
When signing documents with an advanced electronic signature [AES], the signatory is authenticated solely by having access to the email address and mobile phone number to which the signature invitation was sent. Corresponding to eIDAS requirements, no additional identity verification procedures are performed, contrary to qualified electronic signatures [QES].
6.8 Fair use of unlimited signatures
If the Customer's plan includes access to an unlimited number of advanced electronic signatures [AES], the Customer is obligated to use these only within reasonable limits, i.e., in the ordinary course of business basis. swipesign may monitor the Customer's usage behaviour at its sole discretion and reserves the right to notify the Customer in case of excessive use and simultaneously take appropriate and reasonable measures. Such measures may include, in particular, limiting the number of advanced electronic signatures [AES].
6.9 Billing
Billing occurs automatically until cancellation with your chosen payment method. Users shall provide valid billing information upon registration. Subscriptions renew automatically unless cancelled, and cancellations only affect future billing periods. If a subscription is cancelled during the subscription period, the contract ends after the respective period. Refunds are granted only as required by law or explicitly stated. Access to subscription details is provided in the customer account, where subscriptions may be adjusted and cancelled at any time by account owners. For further assistance, users shall contact support via support@swipesign.xyz.
6.10 Free trial
If offered, free trials apply for the stated period, after which standard charges apply unless cancelled prior.
7. Indemnification
The customer agrees to indemnify and hold harmless swipesign GmbH, affiliates, officers, and employees from claims or damages arising from customer use of the Services or violation of these terms.
8. Disclaimers of warranties
The Services and Software are provided "AS-IS."
To the maximum extent permitted by law, swipesign disclaims all warranties, including fitness for a particular purpose or non-infringement. swipesign GmbH provides qualified and advanced electronic signatures designed to support a wide range of legal and business needs. Specific legal enforceability may vary by jurisdiction, and users are responsible for verifying compliance with applicable laws.
9. Limitation of liability
swipesign GmbH is not liable for loss of use, data, goodwill, or profits, or any indirect, incidental, or consequential damages. Our total liability is limited to the total amount you paid in the previous three months. swipesign GmbH aims for 99% annual uptime but does not guarantee continuous availability. Temporary interruptions may occur due to maintenance or technical issues. Nothing in these terms limits liability for gross negligence or willful misconduct.
10. Termination
The customer may cancel the Services and any associated subscriptions at any time. The cancellation will take effect at the end of the current subscription period. swipesign may terminate for breach, non-payment, or legal reasons. Data may be deleted upon termination; some obligations survive termination [e.g., warranties, indemnities].
11. Force majeure
Neither party shall be liable for the complete or partial failure to fulfil its obligations if this failure is due to events beyond the reasonable control of the affected party, in particular war, natural disasters, pandemic, official orders, failure of telecommunications networks, or other unavoidable events.
12. Investigations legal disclosure
swipesign may access or disclose customer information as required by law enforcement or for support and security protection.
13. Dispute resolution
Any disputes are governed by Austrian law.
Consumers within the EU may submit complaints to the EU Online Dispute Resolution platform under https://ec.europa.eu/consumers/odr
14. Compliance with licenses
Business customers may be subject to annual license compliance verification with a seven-day notice.
15. Modification
swipesign may update these terms by posting changes on the company website. Continued use after changes take effect constitutes acceptance.
16. Miscellaneous
16.1 English Version
The English version of these terms is binding.
16.2 Notices
Send notices to swipesign GmbH, Elisabethstraße 15 - Top 5A, 1010 Wien, Austria.
16.3 Entire agreement
These terms constitute the entire agreement between the customer and swipesign regarding the use of the Services.
17. Data Processing Agreement
The Data Processing Agreement, available at swipesign.xyz/privacy, forms an integral part of these terms. In case of any conflict, the DPA prevails with respect to personal data processing matters.