These terms of service (“Terms”) apply to the use of the site www.Accordium.com (”Service”) and the electronic service for signing documents (also ”Service”) between different parties (“Party” or “Parties”). The Terms are an agreement between you (“You” or “User”) and CrankWheel ehf. (“CrankWheel”). By using, creating an account and/or by logging onto the Service, You accept the Terms. CrankWheel reserves the right to, without liability, at any time, amend, add or remove parts of these Terms. It is Your own responsibility to be informed of any update of the Terms each time You use the Service. Your continued use of the Service after changes have been made in the Terms means that You accept those changes.
You are responsible for maintaining the confidentiality of, and protecting Your account information, including passwords. You are responsible for all activity on Your account. You shall immediately notify CrankWheel on suspicion of unauthorised use or attempted unauthorised use of Your account or Your code, or other security breach.
You agree that You will give CrankWheel accurate, current and complete information about Yourself and Your invoice/payment information. You shall update all account information by following the procedures provided by the Service. You may not use any automated device, program, algorithm, method, or any similar manual process, to access, acquire, copy, probe, load-test, index, manipulate, test or monitor any portion of the Service or any content, or to in any way reproduce or circumvent the Service’s structure or presentation, or to attempt to obtain any materials, documents or information through any means other than the infrastructure created and made available by CrankWheel, or its partners, to that end. You agree that You will not perform any action that exposes the Service’s infrastructure, or subject any systems or networks that are part of or affiliated with the Service, to an excessive burden.
Only one company/organization account should be created for use of Accordium by each organization or company, unless you are a paying customer and have a negotiated agreement with us to create multiple organization accounts. We reserve the right to combine accounts where we find multiple organization accounts being used by one organization.
Further, in the same spirit of each team working together sharing a single usage quota, for situations where team members are individual contractors working for the same entity, we reserve the right to collectively count all such team members’ usage towards a single quota when accounts are not combined.
You agree that You will not use the Service for illegal purposes. This includes disrupting the Service, disseminating content that violates privacy, copyright or proprietary right of any third-party, or using the Service for any purposes that are or may be perceived as illegal, obscene, abusive, libellous, threatening, vulgar or otherwise reprehensible. CrankWheel is not liable for the removal of any such content, or for any failure or delay in removing such content. CrankWheel has the right to, at any time, delete, reject and litigate against User and User content if CrankWheel deems it to violate the Terms or otherwise violate any applicable laws and regulations. You are fully responsible for the contents of Your account and any transactions made with Your account through the Service.
You agree that CrankWheel at any time, without notice, may freeze Your account in the Service or otherwise stop Your access to the Service for (1) alleged breach of the Terms, (2) our attempts to address safety in the software or to protect the contents, (3) modification of the Service, (4) unexpected operational interruptions or problems, (5) delayed payment, (6) malicious breach of limits of normal use as defined in section 1d or (7) explicit action requested from any legal authority or other government authorities. You agree that CrankWheel also is entitled to, with a week’s notice, terminate Your account for (1) clear violations of the Terms, (2) non-paying Users inactivity for more than 12 months, (3) payment due to the bailiff, or (4) explicit action request from any legal authority or other government authorities. CrankWheel will not be liable to You or any third-party using Your account based on your account in the Service being frozen or terminated.
Except from the documents and personal information that has been shared with the Service by the Parties, CrankWheel also collects information about the Parties communication and behaviour in the Service, for example IP-addresses, language settings and digital fingerprints that can strengthen the Parties legal position (“Information”). CrankWheel have a purpose to, with the help of the Information, as an independent third party decrease transaction costs, strengthen the evidence trail of signed documents and to decrease administrative and legal costs. Thus, as part of the Service, CrankWheel provides the Parties, paying or non-paying, with equal opportunities to different forms of storage, handling and processing of the Information through the Service that can be of legal use to the Parties. The assignment requires that CrankWheel handles the Parties’ Information automatically according to the following guidelines and You accept and authorize CrankWheel to handle the Parties’ Information in accordance with these guidelines.
CrankWheel has the right to communicate with You, and also directly or indirectly with the invited Parties, regarding the documents to be signed. CrankWheel has the right to share the Information that is reasonably needed for the Parties to be able to (1) review the document, (2) examine the identities of the signing parties, (3) to know whether the document is signed or not signed and understand the circumstances surrounding the events and (4) retrospectively examine the stored evidence of the operation.
Whenever You initiate a signing process in the Service this constitutes an “errand”, irrespective of whether the document in question is signed by all parties thereto or not. All Information is stored per errand with at least two backups per errand and all Parties, paying or non-paying, get equal opportunity to access the errand. When all Parties that had access have deleted an errand, the errand and all backups are permanently deleted from the Service within 6 months. Errands containing documents that have been signed through the Service by all Parties are stored free of charge up to 10 years from the date that the last Party signed. Errands containing documents that have not been signed by all Parties are stored free of charge at least 1 year after the document was created.
In order to generate legally and administrative or statistically useful materials for the Parties the Service may process the Information automatically. The Service must for example, to be able to generate the electronic original as the final product after all Parties have signed, be able to print extracts of logs, the CrankWheel seal and the Parties personal information in the documents footer, verification page and extra evidence attachments and thereafter stamp the document with a digital signature. The Information may be used by CrankWheel in anonymous form for statistical analysis and in order to promote or develop the Service. The Parties’ documents are not available to CrankWheel employees for manual handling unless either Party has requested or given their explicit consent of such handling and the document or documents as a result of such request have been made available by specially authorised technicians at CrankWheel.
The following provisions apply to documents signed through the Service.
As part of the Service CrankWheel stamps documents signed by all Parties with a special CrankWheel seal and a digital signature confirming that CrankWheel has witnessed the transaction. The purpose of CrankWheel witnessing the transaction is to strengthen the document evidence. By this procedure CrankWheel is never considered to be a signatory of the document and CrankWheel shall have no liability whatsoever regarding the validity, content or enforcement of such documents. CrankWheel can only be bound by the contents of a document if a registered or authorized signatory by a registered user of the Service in its own name and on behalf of CrankWheel signs a document through the Service.
Once all Parties have signed a document through the Service, and document completion has been confirmed by the Service, the Parties accrue the rights and obligations in accordance with the agreements in the document. CrankWheel will never be responsible or obliged to monitor or intervene, should the signatories not abide by their obligations in any such agreements or improperly exercise their rights as agreed in the signed document.
If any disagreement arises between the Parties regarding a document that was completed through the Service, CrankWheel will have no liability or obligation with respect to this conflict except to, through the CrankWheel’s usual customer support, help the Parties to find and manage the Information available through the Service.
All statements made by CrankWheel regarding the validity of documents signed electronically are not intended to be, and should not be interpreted as, legal advice. CrankWheel disclaims any responsibility to ensure that the documents completed through the Service are valid or enforceable under the laws of a particular country, state or other jurisdiction. If You wish to review the validity or enforceability of any documents You plan to sign or have signed through the Service, You should consult with appropriate legal expertise.
The integrity of a document completed through the Service can be verified using different methods. The intended order for verifying the integrity of a document: accordium.com/legal
By opening an account on the Service, You give permission to CrankWheel to, through the Service or through a representative, contact You via Your phone or email address. If You do not wish to receive our mailings via email, please send an email to product@Accordium.com. Please note that CrankWheel will still need to communicate with You via email about Your transactions and other account related issues, and that these emails are not marketing and will not be eliminated by the above procedure.
You acknowledge and agree that CrankWheel (or the Service’s licensors) own all property rights to the Service and all interests therein, including intellectual property rights contained in the Service (whether those rights are registered or not, and wherever in the World those rights may exist). Unless otherwise agreed in writing with CrankWheel nothing in the Terms gives You the right to use any of the CrankWheel trade names, trademarks, logos, domain names or other distinguishing marks. Except for the limited license granted in section 5a (“Feedback”), CrankWheel acknowledges and agrees that CrankWheel under these conditions obtains no right, title or interest from You (or Your licensors) in or to any content You submit, post, transmit or display on or through the Service, including intellectual property rights which subsist in that content (whether those rights are registered or not, and wherever in the world those rights may exist).
You agree that CrankWheel may, at its own option, publish and otherwise use Your comments and feedback, without payment or other obligations to You. You agree that any comments You make about CrankWheel directly to CrankWheel via email, via our contact form, or on our forums, may be used as attributes of the Service and may be used in our marketing without any payment or other obligation to You.
Unless otherwise provided for in this Agreement, neither party shall transfer, assign or sublicense its rights under this Agreement to any other third party, in whole or in part, without the prior written consent of the other party. Notwithstanding the foregoing, a party may assign this Agreement in connection with its merger, reorganization, or sale of substantially all of its assets or capital stock.
It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, documents, contracts, or other content available through the Service. No part of the Service shall be regarded as legal advice. Neither CrankWheel nor its affiliates shall be liable for any errors or omissions in the content, or for the consequences of actions based on reliance on any content.
You agree to hold CrankWheel and its parent companies, sister companies, subsidiaries, affiliates, service providers, other users, distributors, licensors, officers, directors and employees free from any claim or demand, including all attorneys’ fees, from You for any direct, indirect, random, special, following or specific injury, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if CrankWheel has been notified of this option), and including injuries resulting from: (i) documents or transactions submitted to the Service where CrankWheel has not been a direct party to the agreement, (ii) the use or inability to use, including errors/mistakes, interruptions or delays; unauthorized access to or alteration of Your documents or transactions or (iii) any other issue relating to the Service. CrankWheel’s responsibility shall not exceed, in total, the sum of Your total payments for the use of the Service under this agreement within the last 12-months period.
These Terms and all issues concerning them and all issues relating to the Service are governed by and construed in accordance with Icelandic law and must be examined by an Icelandic court in Reykjavik. Regardless of the above procedure to resolve disagreements, we have the right to bring an action on outstanding debts in the courts having jurisdiction over You or any of Your assets.
This English version of these Terms shall be deemed as the original version and thus have precedence over versions in other languages.
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