DocOtto Terms Of Service

These Master Terms of Service (the "Terms") constitute a legal agreement between you ("you," "your," or "User") and DocOtto ("DocOtto," "we," "us," or "our") governing your access to and use of the DocOtto platform, website, and services (collectively, the "Services").

By creating an account, accessing, or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Services.

1. Definitions

• "Account" means your DocOtto user account that allows you to access and use the Services.
• "Content" means any documents, forms, data, text, images, or other materials uploaded, submitted, or transmitted through the Services.
• "End User" or "Client" means any individual who completes, signs, or interacts with a form created by you through the Services.
• "Form" means any PDF document you upload and configure using the Services, including signature fields, input fields, and other interactive elements.
• "Submission Data" means all information collected when an End User completes a Form.
• "Stripe" means Stripe, Inc. and its payment processing services integrated into the Services.

2. Service Description

DocOtto provides a cloud-based platform that converts PDF forms into interactive digital workflows with electronic signature capabilities, payment collection, and data management features. Our Services include:

• PDF form conversion and field configuration
• Electronic signature capture with audit trails (ESIGN Act and UETA compliant)
• Submission data collection, storage, and export
• Automated email notifications and confirmations
• Optional payment processing through Stripe Connect
• Form analytics and tracking
• API access (on applicable plans)

The specific features available to you depend on your subscription plan as described on our pricing page at https://www.docotto.com/pricing.

3. Account Registration and Eligibility

3.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into binding contracts to use the Services. By using the Services, you represent and warrant that you meet these eligibility requirements.

3.2 Account Information

You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.3 Account Security

You must immediately notify DocOtto of any unauthorized use of your account or any other breach of security. DocOtto will not be liable for any loss or damage arising from your failure to protect your account credentials.

3.4 Business Use

The Services are intended for business and organizational use. If you are using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

4. Subscription Plans and Billing

4.1 Subscription Plans

DocOtto offers multiple subscription tiers as described on our pricing page. Features, usage limits, and pricing vary by plan. DocOtto may offer monthly and annual subscription options. You may upgrade or downgrade your plan at any time, subject to the terms of your subscription and Section 4.6 (Downgrades; No Refunds).

4.2 Free Trials

DocOtto may offer a free trial for certain plans. Trial length may vary by offer and is typically three (3) to seven (7) days. Unless you cancel before the end of the trial, you authorize DocOtto (and our payment processor) to automatically charge your designated payment method for the applicable subscription fee at the end of the trial, and your subscription will begin immediately after the trial ends.

4.3 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle. All fees are non-refundable except as expressly provided in these Terms or required by law.

4.4 Automatic Renewal

Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. You authorize DocOtto to charge your designated payment method for renewal fees.

4.5 Usage Limits; Definitions; Rollover

Each subscription plan includes specific usage limits (e.g., number of submissions, storage capacity, team members). For purposes of plan limits and billing metrics:

• "Submission" means a Form instance that you initiate by sending (or otherwise distributing) a DocOtto link for completion. A Submission is counted when sent, whether or not an End User completes it, signs it, or pays.
• "Contract" means a document or workflow that includes multiple signature events (e.g., more than one signer, counter-signature, or multi-party signing). Where a plan includes Contract limits, a Contract is counted when the Contract is sent/initiated.

If you exceed your plan's limits, DocOtto may charge overage fees (if offered), suspend certain features, limit usage, or require you to upgrade to a higher-tier plan.

Annual Plan Rollover. If your plan provides for rollover, unused Submission/Contract credits (as applicable) may roll over during an active annual subscription term, subject to the rollover rules and caps described on our pricing page or in-app plan details. Rollover credits (if any) have no cash value and may be forfeited upon cancellation or non-renewal.

4.6 Downgrades; Recalculation; No Refunds

If you downgrade your plan, DocOtto may (i) apply the downgrade at the end of your then-current billing period, or (ii) if you request an immediate downgrade and DocOtto allows it, recalculate available usage limits and features based on your downgraded plan and your usage to date.

No refunds or credits will be issued for: (a) unused subscription time, (b) unused Submissions/Contracts, (c) rollover credits not used, or (d) any prepaid amounts, except as required by law.

4.7 Price Changes

DocOtto reserves the right to change subscription prices upon thirty (30) days' advance notice. Price changes will apply to subsequent billing periods after notice is provided. Your continued use of the Services after a price change constitutes acceptance of the new pricing.

4.8 Taxes

All fees are exclusive of applicable federal, state, local, or foreign taxes, levies, or duties. You are responsible for all such taxes except those based on DocOtto's net income.

4.9 Failed Payments

If a payment fails, DocOtto may suspend your access to the Services until payment is received. If payment is not received within fifteen (15) days of the failed payment, DocOtto may terminate your account.

5. Electronic Signatures and Compliance

5.1 E-Signature Technology

DocOtto provides technology that enables the creation and capture of electronic signatures in compliance with the U.S. Electronic Signatures in Global and National Commerce Act (ESIGN Act) and the Uniform Electronic Transactions Act (UETA). Our Services generate audit trails that document the signing process.

5.2 User Responsibility for Legal Compliance

YOU ARE SOLELY RESPONSIBLE for determining whether electronic signatures are legally valid and enforceable for your specific use case, industry, jurisdiction, and document type. While DocOtto provides ESIGN/UETA compliant tools, certain document types or industries may have specific requirements that differ from standard e-signature laws.

5.3 Consent and Disclosure Requirements

You are responsible for:

• Obtaining proper consent from End Users to conduct business electronically
• Providing required disclosures to End Users regarding their right to receive documents in non-electronic form
• Ensuring End Users have the necessary hardware and software to access and retain electronic documents
• Complying with all applicable record retention requirements

5.4 Verification and Authentication

DocOtto captures standard identification information (IP address, timestamp, device information, email verification) as part of the audit trail. You are responsible for implementing additional identity verification measures if required by your industry, jurisdiction, or document type.

5.5 No Legal Advice

DocOtto does not provide legal advice. The Services are tools to facilitate electronic signature capture and document workflow. You should consult with qualified legal counsel if you have questions about the enforceability of electronic signatures for your specific situation.

6. Payment Processing and Stripe Connect

6.1 Payment Feature Overview

DocOtto offers optional payment collection through integration with Stripe Connect. This feature allows End Users to make payments while completing Forms.

6.2 Merchant of Record

YOU ARE THE MERCHANT OF RECORD for all transactions processed through your Forms. DocOtto is NOT a party to any transaction between you and your End Users. You are entering into a direct commercial relationship with your End Users when accepting payments.

6.3 Stripe Terms and Requirements

To use payment processing features, you must:

• Create and maintain a Stripe Connect account
• Agree to and comply with Stripe's Connected Account Agreement and Services Agreement
• Comply with all applicable payment card industry standards (PCI-DSS)
• Provide accurate business information to Stripe
• Maintain proper business licenses and registrations as required in your jurisdiction

6.4 Your Payment Responsibilities

You are solely responsible for:

• All refunds, chargebacks, and payment disputes with End Users
• Payment of all Stripe processing fees, chargeback fees, and other Stripe charges
• Accurate product/service descriptions and pricing in your Forms
• Compliance with consumer protection laws and regulations
• Proper tax collection, reporting, and remittance on transactions
• Maintaining adequate reserves for potential refunds and chargebacks
• Responding to customer inquiries about charges
• Honoring stated refund and cancellation policies

6.5 Payment Data

When you use payment features, payment information collected from End Users is transmitted directly to Stripe according to Stripe's privacy policy and security standards. DocOtto does not store complete credit card numbers or sensitive payment authentication data.

6.6 DocOtto's Limited Role

DocOtto's role is limited to:

• Providing the integration between Forms and Stripe's payment platform
• Displaying payment status information in your dashboard
• Storing basic transaction metadata (amount, date, status) for your records

DocOtto does NOT:

• Process payments directly
• Hold, manage, or control your funds
• Act as your payment processor, merchant bank, or financial institution
• Have authority to issue refunds or resolve disputes on your behalf

6.7 Hold Harmless for Payment Disputes

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD DOCOTTO HARMLESS from any and all claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Payment disputes between you and your End Users
• Chargebacks, refund requests, or payment reversals
• Your failure to fulfill obligations to End Users
• Your violation of payment card network rules or Stripe's terms
• Fraud or unauthorized transactions processed through your account
• Consumer protection law violations
• Your failure to properly collect or remit taxes

6.8 Payment Feature Suspension

DocOtto reserves the right to suspend or disable payment processing features on your account if:

• We receive notice of excessive chargebacks or disputes
• Stripe suspends or terminates your connected account
• We reasonably believe payment features are being used fraudulently or illegally
• You breach these Terms or Stripe's terms
• Required by law or payment card network rules

6.9 Payout Timing

Stripe controls all payout timing and schedules. DocOtto has no control over when funds are transferred to your bank account.

7. User Content and Data

7.1 Your Content Ownership

You retain all ownership rights to Content you upload or create through the Services. DocOtto does not claim ownership of your Forms, Submission Data, or other Content.

7.2 License to DocOtto

You grant DocOtto a worldwide, non-exclusive, royalty-free license to use, copy, store, transmit, display, and process your Content solely to provide, maintain, and improve the Services. This license terminates when you delete Content or terminate your account, except for Content retained in accordance with our data retention policies.

7.3 Data Controller and Processor Relationship

For Submission Data collected through your Forms:

• You are the Data Controller: You determine what data is collected, how it's used, and are responsible for compliance with applicable data protection laws (including GDPR, CCPA, and other privacy regulations).
• DocOtto is the Data Processor: We process Submission Data on your behalf according to your instructions through the Services.

7.4 Your Data Responsibilities

You represent, warrant, and covenant that:

• You have all necessary rights, consents, and permissions to collect and process Submission Data through the Services
• Your use of the Services and collection of data complies with all applicable laws, including privacy and data protection laws
• You have posted appropriate privacy policies and obtained necessary consents from End Users
• Your Content does not violate any third-party rights or applicable laws

7.5 Privacy Obligations

You must:

• Maintain a privacy policy that accurately describes your data collection and use practices
• Provide clear notice to End Users about data collection through Forms
• Obtain any required consents before collecting personal information
• Respond promptly to End User data requests (access, deletion, correction) as required by law
• Notify DocOtto immediately if you become aware of any unauthorized access to or use of Submission Data

7.6 Data Accuracy

YOU ARE SOLELY RESPONSIBLE for the accuracy, quality, and legality of Content and Submission Data. DocOtto is not responsible if End Users provide inaccurate information or if you rely on incorrect data entered through Forms.

7.7 Prohibited Content

You may not upload, transmit, or create Content that:

• Violates any law or regulation
• Infringes third-party intellectual property rights
• Contains malware, viruses, or harmful code
• Is defamatory, obscene, pornographic, or otherwise objectionable
• Promotes illegal activities, violence, or discrimination
• Violates the rights of minors
• Constitutes spam or unsolicited commercial communications

8. Data Security and Availability

8.1 Security Measures

DocOtto implements reasonable administrative, physical, and technical safeguards designed to protect the confidentiality, integrity, and availability of data processed through the Services. However, no system is completely secure, and DocOtto cannot guarantee absolute security.

8.2 Data Backup and Export

You are responsible for maintaining backup copies of your Content. DocOtto provides export functionality, and you should regularly export your Submission Data. DocOtto is not responsible for data loss.

8.3 Service Availability

DocOtto strives to maintain high service availability but does not guarantee uninterrupted or error-free operation. The Services may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

8.4 Data Retention; Deletion After Subscription Ends

Data retention periods vary by subscription plan. Unless otherwise stated in your plan details, DocOtto will retain your Content and Submission Data for a limited period after your subscription ends (whether by cancellation, non-renewal, or termination), which may range from one hundred eighty (180) days to thirty-six (36) months post-subscription depending on your plan.

After the applicable retention period ends, DocOtto may permanently delete your Content and Submission Data without further notice, except as required for legal, regulatory, or legitimate business purposes.

You are responsible for exporting your Content and Submission Data before your subscription ends and during any applicable retention period. DocOtto is not liable for any loss, deletion, or inability to recover Content or Submission Data after the applicable retention period.

9. Acceptable Use Policy

9.1 Prohibited Uses

You agree NOT to use the Services to:

• Engage in fraudulent, deceptive, or illegal activities
• Violate any applicable laws or regulations
• Infringe intellectual property rights
• Harass, threaten, or harm others
• Transmit spam, phishing attempts, or malicious code
• Attempt to gain unauthorized access to the Services or other users' accounts
• Reverse engineer, decompile, or disassemble the Services
• Use the Services for high-risk activities (medical, nuclear, aviation, life support systems)
• Resell or redistribute the Services without authorization
• Scrape, crawl, or systematically extract data from the Services
• Interfere with or disrupt the Services or servers
• Use the Services in any way that could damage DocOtto's reputation

9.2 Enforcement

DocOtto reserves the right to investigate violations of these Terms and take appropriate action, including suspending or terminating accounts, removing Content, and reporting violations to law enforcement.

10. Intellectual Property

10.1 DocOtto's IP Rights

The Services, including all software, technology, designs, trademarks, logos, and other materials provided by DocOtto, are owned by DocOtto and protected by copyright, trademark, patent, and other intellectual property laws. DocOtto grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes in accordance with these Terms.

10.2 Restrictions

You may not copy, modify, create derivative works, reverse engineer, or attempt to extract source code from the Services. You may not use DocOtto's trademarks, logos, or branding without prior written consent.

10.3 Feedback

If you provide suggestions, ideas, or feedback about the Services, DocOtto may use such feedback without any obligation to you, including incorporating it into the Services.

11. Third-Party Services and Integrations

11.1 Third-Party Integrations

The Services may integrate with or provide access to third-party services (e.g., Stripe, Zapier, email service providers). Your use of third-party services is subject to those third parties' terms and privacy policies. DocOtto is not responsible for third-party services or their content, functionality, or availability.

11.2 Third-Party Links

The Services may contain links to third-party websites. DocOtto does not endorse and is not responsible for the content or practices of linked websites.

12. Indemnification

12.1 Your Indemnification Obligations

You agree to indemnify, defend, and hold harmless DocOtto, its affiliates, and their respective officers, directors, employees, agents, and contractors (the "DocOtto Parties") from and against any and all claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Services
• Your Content and Submission Data
• Your violation of these Terms
• Your violation of any law, regulation, or third-party rights
• Disputes between you and your End Users, including payment disputes, refunds, chargebacks, product/service delivery failures, or contractual disagreements
• Your use of payment processing features and your role as merchant of record
• Your failure to comply with data protection laws or obtain necessary consents
• Claims that your Content infringes or violates any third-party rights
• Your negligent or willful misconduct

12.2 Indemnification Process

DocOtto will provide you with prompt written notice of any claim subject to indemnification. You will have sole control of the defense and settlement of such claim, provided that you may not settle any claim that admits liability on behalf of DocOtto or imposes obligations on DocOtto without DocOtto's prior written consent.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DOCOTTO DOES NOT WARRANT THAT:

• The Services will meet your requirements or expectations
• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Services will be accurate or reliable
• The quality of any products, services, information, or other material obtained through the Services will meet your expectations
• Any errors in the Services will be corrected
• Electronic signatures generated through the Services will be legally enforceable in your jurisdiction for your specific use case

YOU ACKNOWLEDGE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. DOCOTTO DOES NOT WARRANT OR GUARANTEE THAT FILES AVAILABLE FOR DOWNLOADING WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM DOCOTTO OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

14. Limitation of Liability

14.1 Exclusion of Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DOCOTTO OR THE DOCOTTO PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, revenue, data, or business opportunities
• Loss of goodwill or reputation
• Business interruption
• Cost of substitute services
• Loss or corruption of data
• Payment disputes, chargebacks, or reversed transactions
• Claims by End Users against you

THIS LIMITATION APPLIES WHETHER THE CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DOCOTTO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, DOCOTTO'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• The total amount you paid to DocOtto in the twelve (12) months preceding the event giving rise to liability, or
• One hundred dollars ($100.00)

14.3 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above limitations may not apply to you. In such jurisdictions, DocOtto's liability will be limited to the maximum extent permitted by law.

14.4 Independent Allocations of Risk

Each provision of Sections 13 and 14 that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages represents an agreed allocation of the risks of these Terms between you and DocOtto. This allocation is reflected in the pricing of the Services and is an essential element of the basis of the bargain between you and DocOtto. Each of these provisions is severable and independent of all other provisions of these Terms.

15. Termination

15.1 Termination by You

You may cancel your subscription and terminate your account at any time through your account settings or by contacting customer support. Cancellation will be effective at the end of your current billing period. You will not receive refunds for any unused portion of your subscription.

15.2 Termination by DocOtto

DocOtto may suspend or terminate your account and access to the Services immediately, without notice, if:

• You breach these Terms
• You fail to pay applicable fees
• Your account has been inactive for more than twelve (12) months
• We reasonably believe your use poses security or legal risks
• We discontinue the Services (with thirty (30) days' notice)
• Required by law or legal process

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Services immediately ceases
• You remain liable for all fees and charges incurred prior to termination
• You must immediately cease all use of the Services
• Sections that by their nature should survive termination will survive, including Sections 7 (User Content), 12 (Indemnification), 13 (Disclaimer), 14 (Limitation of Liability), 15 (Termination), and 17 (General Provisions)

15.4 Data Export

You are responsible for exporting your data before termination. Following termination, DocOtto will retain your data for thirty (30) days, after which it may be permanently deleted.

16. Dispute Resolution and Governing Law

16.1 Governing Law

These Terms and any disputes arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Illinois, United States, without regard to its conflict of law provisions.

16.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Cook County, Illinois, and you irrevocably consent to the personal jurisdiction and venue of such courts.

16.3 Informal Resolution

Before filing a claim, you agree to contact DocOtto at legal@docotto.com and attempt to resolve the dispute informally. Most disputes can be resolved this way. If a dispute is not resolved within sixty (60) days of submission, either party may initiate formal proceedings.

16.4 Class Action Waiver

YOU AND DOCOTTO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and DocOtto agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

16.5 Time Limitation

You agree that any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after the claim or cause of action arose, or it will be forever barred.

17. General Provisions

17.1 Entire Agreement

These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and DocOtto regarding the Services and supersede all prior agreements, representations, and understandings.

17.2 Modifications to Terms

DocOtto reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Services after changes become effective constitutes acceptance of the modified Terms. If you do not agree to modified Terms, you must stop using the Services and terminate your account.

17.3 Assignment

You may not assign or transfer these Terms or any rights granted hereunder without DocOtto's prior written consent. DocOtto may assign these Terms without restriction. Any attempted assignment in violation of this section is void.

17.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. The invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

17.5 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. DocOtto's failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.

17.6 Force Majeure

DocOtto shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

17.7 Independent Contractors

The parties are independent contractors. These Terms do not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties.

17.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and DocOtto only and are not intended to confer any rights or remedies upon any third party.

17.9 Export Compliance

You agree to comply with all applicable export and import laws and regulations in your use of the Services. You represent that you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not listed on any U.S. Government list of prohibited or restricted parties.

17.10 U.S. Government Users

If you are a U.S. Government entity, the Services are "commercial computer software" and "commercial computer software documentation" as defined in FAR 12.212 and DFARS 227.7202. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in these Terms.

17.11 Notices

All notices under these Terms must be in writing and will be deemed given when delivered personally, sent by confirmed email to the email address associated with your account (in the case of notices to you) or to legal@docotto.com (in the case of notices to DocOtto), or sent by certified mail, return receipt requested.

17.12 Language

These Terms are drafted in English. Any translation is provided for convenience only. In the event of conflict between the English version and any translation, the English version shall prevail.

17.13 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

18. Contact Information

If you have questions about these Terms or the Services, please contact us:

DocOtto

Email: legal@docotto.com

Website: https://www.docotto.com