Terms of service

1. About these terms

These terms are an agreement between you, the business that creates an account, and Conrado Maggi, Málaga, Spain, trading as Digital Waivers ("we", "us"). By creating an account or using the service you accept these terms, the privacy policy and the data processing agreement. If you create the account for a company, you confirm you have authority to bind it. Read the privacy policy and the data processing agreement.

People who sign a waiver through the service are not a party to these terms. Their relationship is with you, the business whose waiver it is. Section 5 says what applies to them.

2. Words we use

• Account is your business on Digital Waivers: the owner who signed up, the staff they add, and everything created under it.
• Waiver is a document you publish for people to sign: a liability waiver, a release, a consent form, house rules.
• Signer is a person who signs a waiver, for themselves or as the parent or legal guardian of a child.
• Signed waiver is one completed signature: the data the signer entered, their signature, the version of the text they saw, the consent statements, the time, the device, and the PDF we generate from it. One signed waiver can cover several people, such as a parent and their children.
• Customer data is everything in your account that is yours: your waivers, your signed waivers, your settings and your people.

3. Your account

• The service is for businesses and organizations. You must be at least 18 to open an account.
• Give us accurate details when you sign up and keep them current. We use your email address for everything that matters about the account.
• One login per person. Give staff their own logins instead of sharing yours. You are responsible for what happens under your account, including what your staff and any kiosk device do.
• Keep your password and kiosk PIN to yourself. Tell us straight away if you think someone else has got in.

4. Your waivers

The waiver is your document and you are responsible for it.

• You decide what the waiver says, what it asks for, and who it is shown to. You are responsible for its wording being lawful, accurate and suitable for your business and your state.
• Our templates and any wording we suggest are a starting point. They are not legal advice, we are not a law firm, and nothing on the service creates a lawyer-client relationship. Have your own lawyer check what your state and your insurer require.
• We are not a party to any waiver. We do not review your waivers, we do not decide whether a document is suitable for electronic signature, and we make no promise about how a waiver will be treated by any court, insurer or regulator. Some kinds of document are excluded from electronic signature by law; it is for you to check whether yours is one of them.
• You must have a lawful basis to collect what your waiver asks for, especially about children, and to send marketing to anyone who ticks your marketing box. If your state or your customers' countries require it, publish your own privacy notice. The sign page has a place for a link to it.
• We are not an insurer and the service is not a substitute for insurance.

5. The people who sign

• Signers do not need an account. They use the sign page, the group link or your kiosk under a limited permission to do that one thing.
• Before signing, each signer is shown the full text of your waiver, a statement that they are signing electronically and consent to receiving the document electronically, and, in the guardian flow, a statement that they are the parent or legal guardian of the children named. We record the exact wording they saw with the signature.
• We send the signer a copy of the PDF if they gave an email address and you have that turned on. Beyond that we do not contact signers and we never market to them.
• Signers may ask you to see, correct or erase their data. You handle those requests; the signed waivers page lets you erase a signature in one step and keeps a record that you did. If a signer contacts us instead, we pass the request to you.

6. Acceptable use

Do not use the service to:

• collect data you have no lawful basis to collect, or send spam to the people who signed;
• publish anything unlawful, deceptive, defamatory or infringing, or impersonate another business;
• probe, overload or interfere with the service, scrape it, or try to get into someone else's account;
• resell or sublicense the service, or build a competing product by copying it;
• store protected health information, payment card numbers or government ID numbers in waiver questions. The service is not built for that data and we have no agreement with you that covers it.

If an account breaks these rules we may suspend it. We will tell you why, and give you a chance to fix it unless the breach is serious or the law prevents us.

7. Trial, plans and caps

• A new account starts with a 14-day trial of the Pro plan. You do not need a card to start it. When the trial ends, your sign pages pause until you choose a plan from Settings. Nothing is deleted, and you can still sign in and export your data.
• Every plan has a cap on signed waivers per calendar month. The number is on the pricing page and in your settings. A signed waiver counts once, however many people it covers.
• We email you when you reach 80% of your cap and again at the cap. At the cap we ask you to move up a plan before more waivers can be signed. We never bill you for waivers above the cap unless you chose a bigger plan.
• Paid plans are billed monthly in advance by card through Stripe. Prices exclude any sales tax that applies to you, which we add where the law requires.
• You can move up a plan at any time; the new price is prorated for the rest of the month. Moving down takes effect at the next billing date.
• Payments are not refundable, including for partial months or unused waivers, except where the law requires a refund. If a payment fails we tell you and retry; after 14 days without payment we may suspend the account until it is settled.
• We may change prices or caps with at least 30 days' notice by email. If you do not agree, cancel before the change takes effect and you will not be charged the new price.

8. Cancellation, termination and your data

• You can cancel your plan or close your account at any time. A paid plan ends at the end of the period you have paid for.
• Before you close an account, export your signed waivers as CSV and download the PDFs you want to keep. If you have Google Drive connected, the PDFs already there stay in your Drive.
• When you close an account we delete it and all customer data in it within 30 days. This cannot be undone.
• We may close an account for a serious breach of these terms, for non-payment after notice, or if we have to for legal reasons. Except where the law stops us, we tell you first and give you time to export your data.
• If we ever shut the service down, we will give at least 60 days' notice and keep export working until the end.

9. Your data

• Customer data is yours. You give us only the permission we need to run the service for you: store it, generate PDFs from it, send the emails you asked for, and sync it to the Drive you connected.
• For signer data you are the controller and we are your processor. The data processing agreement says what that means and is part of these terms.
• We do not sell customer data, we do not use it for advertising, and we do not use it to train AI models.
• We look inside an account only to fix a problem you reported, to deal with abuse, or when the law requires it.

10. The service

• We aim to keep the service available around the clock, but we do not promise uninterrupted or error-free operation. We may take it down briefly for maintenance and will try to do that outside US business hours.
• PDFs are generated in the background and are normally ready within a minute. Emails and Drive sync depend on third parties we do not control, so we cannot guarantee delivery. The signed waiver itself is recorded as soon as the signer taps the button.
• We may add, change or remove features. If we remove something you rely on, we tell you at least 30 days ahead.
• Support is by email, in English, from [email protected].

11. Intellectual property

We own the service: the software, the design, the name and the templates as we publish them. You get a non-exclusive right to use the service for your business while you have an account. You own your waivers, including a template once you have edited it, and your customer data. If you send us a suggestion we may use it without owing you anything.

12. Warranties

We provide the service with reasonable skill and care, and otherwise "as is". We make no other warranty, express or implied, including about fitness for a particular purpose, about how a signed waiver will be treated by anyone, or that the service meets the laws that apply to your business. You are responsible for checking that.

13. Limitation of liability

• Neither of us is liable to the other for indirect or consequential loss, lost profits, lost business, or loss of data that you could have exported and did not.
• Our total liability to you for anything arising from these terms or the service in any 12 months is capped at the fees you paid us in those 12 months. During the trial the cap is $100.
• Nothing here limits liability for fraud, for death or personal injury caused by negligence, or for anything the law does not allow us to limit.

14. Indemnity

You will defend us against, and pay for, any third-party claim that arises from the content of your waivers, from what you collect through them, from emails sent on your instructions, or from your breach of these terms. This includes a claim by a signer about the wording or effect of your waiver.

15. Changes to these terms

We may update these terms. For a change that affects your rights or what you pay, we email account holders at least 30 days before it takes effect. Using the service after that date means you accept the new terms; if you do not, close your account before then. The date at the top is the current version.

16. Governing law and courts

These terms are governed by the laws of Spain, and the courts of Málaga, Spain have exclusive jurisdiction, except where the law of the country or state you are in gives you a right you cannot waive, including a right to bring a claim where you live. Before either of us goes to court we agree to try to settle the matter by email first.

17. General

• These terms, the privacy policy and the data processing agreement are the whole agreement between us and replace anything earlier.
• If a part of these terms is found invalid, the rest stays in force.
• If we do not enforce a term once, we can still enforce it later.
• Neither of us is responsible for delays caused by events outside our reasonable control.
• You may not transfer your account to someone else without asking us. We may transfer these terms to a buyer of the business, who takes on the same obligations to you.
• Notices to you go to the email address on your account. Notices to us go to [email protected].

18. Legal notice

Digital Waivers is operated by Conrado Maggi, Málaga, Spain. Contact: [email protected].