SERVICE SCHEDULE for PDF-VISION APP

Last updated on January 7, 2025 

1.         DEFINITIONS

“PDF-VISION App” means the on-demand electronic App PDF-VISION Service, which provides online display, certified delivery, acknowledgement, electronic App, and storage services for eDocuments via the Internet.

“Envelope” means an electronic record containing one or more eDocuments consisting of a single page or a group of pages of data uploaded to the System.

“Signer” means a person designated by an Authorized User to access and/or take action upon the eDocuments sent to such individual via PDF-VISION App.

“System” refers to the software systems and programs, the communication and network facilities, and the hardware and equipment used by CODEVISION or its agents to make available the PDF-VISION App service via the Internet.

“Transaction Data” means the metadata associated with an Envelope (such as transaction history, image hash value, method and time of Envelope deletion, sender and recipient names, email addresses, and App IDs) that CODEVISION may use to generate and maintain the digital audit trail required by PDF-VISION App.

2.         ADDITIONAL USAGE LIMITATIONS AND CUSTOMER RESPONSIBILITIES

2.1    CODEVISION ’s provision of PDF-VISION App is conditioned on Customer’s acknowledgement of and agreement to the following:

• PDF-VISION App facilitates the execution of eDocuments between the parties to those eDocuments. Nothing in this Service Schedule may be construed to make CODEVISION a party to any eDocument processed through the PDF-VISION App, and CODEVISION makes no representation or warranty regarding the transactions sought to be effected by any eDocument;
• Between CODEVISION and Customer, Customer has exclusive control over and responsibility for the content, quality, and format of any eDocument. Without limiting the foregoing, all eDocuments, together with any messages included within an Envelope, stored by CODEVISION on the System are maintained in an encrypted form, and CODEVISION has no control of or access to their contents except to the extent access is requested in writing and made available by Customer to CODEVISION;
• Certain types of agreements and documents may be excepted from electronic App laws (e.g. wills and agreements pertaining to family law),or may be subject to specific regulations promulgated by various government agencies regarding electronic Apps and electronic records. CODEVISION is not responsible or liable to determine whether any particular eDocument is (i) subject to an exception to applicable electronic App laws, or whether it is subject to any particular agency promulgations, or whether it can be legally formed by electronic Apps;
• CODEVISION is not responsible for determining how long any contracts, documents, and other records are required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. Further, CODEVISION is not responsible for or liable to produce any of Customer’s eDocuments or other documents to any third parties;
• Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic transactions involving one or more “consumers,” such as (among others) requirements that the consumer consent to the method of contracting and/or that the consumer be provided with a copy, or access to a copy, of a paper or other non-electronic, written record of the transaction. CODEVISION does not and is not responsible to: (i) determine whether any particular transaction involves a “consumer;” (ii) furnish or obtain any such consents or determine if any such consents have been withdrawn; (iii) provide any information or disclosures in connection with any attempt to obtain any such consents; (iv) provide legal review of, or update or correct any information or disclosures currently or previously given; (v) provide any such copies or access, except as expressly provided in the Documentation for all transactions, consumer or otherwise; or (vi) comply with any such special requirements;
• Customer undertakes to determine whether any “consumer” is involved in any eDocument presented by its Authorized Users for processing, and, if so, to comply with all requirements imposed by law on such eDocuments or their formation.
• Customer agrees that its assigned Account Administrator(s) has authority to provide CODEVISION with and accept from CODEVISION any required authorizations, requests, or consents on behalf of Customer with respect to Customer’s Account; and
• Customer agrees it is solely responsible for the accuracy and appropriateness of instructions given by it and its personnel to CODEVISION in relation to the Services, including without limitation instructions through its Account as made by the assigned Account Administrator.

2.2    Subscription Plans purchased on CODEVISION.ca may not be used in conjunction with CODEVISION APIs and are available for use with a limited number of integrations.

3.         eDOCUMENT STORAGE AND DELETION

3.1       Sending, Storage. During the Term CODEVISION will send and store eDocuments per these Terms of the Subscription Plan. However, CODEVISION may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of CODEVISION App. Customer, through its Account Administrator(s), may retrieve and store copies of eDocuments for storage outside of the System at any time during the Subscription Term when Customer is in good financial standing under these Terms, and may delete or purge eDocuments from the System at its own discretion. 

3.2       Uncompleted eDocuments. CODEVISION may, at its sole discretion, delete uncompleted eDocuments from the System immediately and without notice upon the earlier of: (a) expiration of the Envelope (where Customer has established an expiration for such Envelope, not to exceed 365 days); or (b) expiration of the Subscription Term. CODEVISION assumes no liability or responsibility for a party’s failure or inability to electronically sign any eDocuments within such a period of time.

3.3       Deletion. CODEVISION may delete an Account and Customer Data, including without limitation eDocuments (whether complete or not), upon the expiration of the Subscription Term or termination as described in Section 8.2 of the Terms.  

3.4       Retention of Transaction Data. CODEVISION may retain Transaction Data for as long as it has a business purpose to do so.

4.     INFORMATION SECURITY AND PERSONAL DATA

4.1       Customer Responsibilities. The PDF-VISION App provides Customer with certain features and functionalities that Customer may elect to use, including the ability to retrieve and delete eDocuments in the System. Customer is responsible for properly: (a) configuring the PDF-VISION App; (b) using and enforcing controls available in connection with the PDF-VISION App (including any security controls); and (c) taking such steps, in accordance with the functionality of CODEVISION App, that Customer deems adequate to maintain appropriate security, protection, deletion, and backup of Customer Data, which include controlling the management of Authorized Users’ access and credentials to the PDF-VISION App, controlling Customer Data that is Processed by CODEVISION App, and controlling the archiving or deletion of eDocuments in the System. Customer acknowledges that CODEVISION has no obligation to protect Customer Data, including Personal Data (defined below), that Customer elects to store or transfer outside of the PDF-VISION App (e.g., offline or on-premise storage).

4.2       Information Security. CODEVISION will employ commercially reasonable technical and organizational measures that are designed to prevent unlawful or unauthorized access, use, alteration, or disclosure of Customer Data.

4.3       Data Processing/Transfer. If Customer or Customer’s Affiliate is established in the United Kingdom, a Member State of the European Economic Area, (“EEA”) or Switzerland, the Data Protection Attachment for the PDF-VISION App found below (“DPA”) applies to the processing of any Personal Data (as defined in Section 1 of the DPA). 

5.         ACCOUNTS & ORGANIZATIONAL ADMINISTRATION

5.1       Each Account is associated with a single email address. If the domain of the primary email address associated with an Account is owned by a business or other organization (“Entity”) and was assigned to Customer as an employee, contractor or member of the Entity, such as yourname@youremployer.com or yourname@nonprofit.org (“Entity Email Address”), Customer grants that Entity and its Account Administrator(s) permission to: (a) identify Accounts created with an Entity Email Address; and (b) restrict or terminate access to an Account created with an Entity Email Address. Customer acknowledges and agrees that CODEVISION may assist Entity with such administration.

6.         SUBSCRIPTION PLANS & PRICES

6.1       The prices, features, and options of the PDF-VISION App depend on the Subscription Plan selected by Customer as well as any changes instigated by Customer. For example: (a) if Customer adds Authorized Users, CODEVISION will charge the applicable subscription amount for each additional Authorized User; or (b) if Customer sends more Envelopes than are included in your Subscription Plan, CODEVISION may charge for additional envelopes or assign Customer to a new Subscription Plan. Customer may also purchase optional services on a periodic or per-use basis. CODEVISION may change the prices for or alter the features and options in a particular Subscription Plan without notice.

7.         CODEVISION PAYMENTS

7.1       The PDF-VISION App may be ordered with “CODEVISION Payments,” which means functionality that allows Customer to submit agreements, invoices, and other documents to Signers via the PDF-VISION App to facilitate the submission of Signer payment credentials and authorizations directly to payment applications, gateways, processors, and service providers that store, process, or transmit cardholder data as part of authorization or settlement (“Payment Applications”).

7.2       CODEVISION’s provision of CODEVISION Payments is conditioned on Customer’s acknowledgement of and agreement to the following: 

• The payment processing activities facilitated through CODEVISION Payments are between Customer and a Payment Application or another third party designated by Customer and not with CODEVISION. Customer is solely responsible for registering and maintaining an account with Payment Applications to facilitate the payment processing via CODEVISION Payments and for complying with all agreements, terms of use, or other terms and conditions between Customer and such Payment Applications. Payment Applications are independent contractors and not agents, employees, or subcontractors of CODEVISION. CODEVISION does not control the payment methods (i.e., credit card, debit card, ACH transfer) made available by the Payment Applications through the PDF-VISION App nor the products or services that are sold or purchased by Customer via CODEVISION Payments. Customer acknowledges and agrees that CODEVISION cannot ensure that a Payment Application Signer or third party will complete a payment processing or that it is authorized to do so.
• Customer authorizes CODEVISION to store, process, and transmit Customer Data as necessary for a Payment Application to facilitate payment processing between Customer and a third party designated by Customer. CODEVISION Payments will temporarily store information received from Customer, such as account information for a Payment Application, only to facilitate the payment processing.
• Customer is solely responsible for complying with: (1) any applicable standards developed and published by payment networks (such as Visa, Mastercard, American Express, and any other credit, debit, or electronic funds transfer network), including but not limited to, the current Payment Card Industry Data Security Standard (“PCI DSS”); and (2) all laws and regulations applicable to the payment processing conducted by Customer via CODEVISION Payments, including but not limited to, those that may apply to Customer: in connection with collecting and storing information, including payment credentials about Signers; making adequate, clear, and conspicuous disclosures related to the storage and use of Signers’ payment credentials; and the use of stored payment credentials to collect future payments.
• Customer is solely responsible for any and all disputes with any Payment Applications or Signers related to or in connection with a payment processing sought to be facilitated via CODEVISION Payments, including but not limited to: (1) chargebacks; (2) products or services not received; (3) return of, delayed delivery of, or cancelled products or services; (4) cancelled transactions; (5) duplicate transactions or charges; (6) electronic debits and credits involving bank accounts, debit cards, credit cards, and check issuances; and (7) the amount of time to complete payment processing.

7.3       To the extent applicable to CODEVISION in the provision of CODEVISION Payments, CODEVISION represents that it is presently in compliance, and will remain in compliance, with the current PCI DSS. CODEVISION acknowledges that credit and debit card account numbers or related data processed via CODEVISION Payments is, as applicable, owned exclusively by Customer, credit card issuers, the relevant payment networks, and entities licensed to process credit and debit card transactions on behalf of Customer, and further acknowledges that such information may be used by CODEVISION solely to assist the foregoing parties in completing the processing activities described in the Agreement.