Terms of Service

These terms apply to your use of eSign 360, the electronic signature service and API provided by 360 SaaS Pty Ltd (ABN 79 681 731 840) of 368 Sussex St, Sydney NSW 2000 ("we", "us"). By creating an account or using the service you agree to them for yourself and for the organisation you represent ("you").

1. The service

eSign 360 lets you send documents for electronic signature, track their progress and keep an audit trail. It is available through a web application (the "Service") and a programming interface (the "API"). eSign 360 is a stand-alone product. If you also use Portal 360, your use of Portal 360 is governed by its own terms.

2. Your account

• You must give accurate details and keep your login and API credentials secure. You are responsible for everything done with them.
• API credentials expire. You must keep the credential secret and tell us promptly if you think it has been exposed.
• You must be at least 18 and able to enter a binding contract. The Service is for business use.

3. Plans and fees

Plan	Fee (AUD, excluding GST)	Included
Free	A$0	2 documents a month
Starter	A$5 a month platform fee	10 documents a month
Professional	A$29 a month	200 documents a month, including SMS PIN verification
API	A$2 per document	No monthly cap, white-label branding, SMS PIN verification

• A document is counted when it is sent for signature.
• On Starter and Professional, each document sent beyond the monthly allowance costs A$3, added to your next invoice. On the Free plan sending stops at the monthly limit until you upgrade or the month rolls over.
• SMS messages sent through the API, and any messages beyond a plan's included use, are charged at the rate shown on your statement.
• Fees are charged monthly. Where you add a card, you authorise us to charge it automatically for amounts due. GST is added where it applies.
• Portal 360 customers receive eSign 360 as included with their Portal 360 plan, on the terms shown to them when the benefit is applied.
• We may change prices on 30 days written notice. Changes do not affect a month already started.
• Fees paid are not refundable except where the law requires it.

4. Using the Service lawfully

You are responsible for the documents you send, for having the right to send them, and for deciding whether an electronic signature is suitable and legally effective for your purpose. Electronic signatures are recognised under Australian law, including the Electronic Transactions Act 1999 (Cth) and equivalent state and territory laws, but some documents, such as certain wills, powers of attorney and documents requiring a witness in person, may have special requirements. We do not give legal advice.

You must not use the Service to send unlawful, misleading or harmful content, to impersonate anyone, to send unsolicited messages, to interfere with the Service, to probe or test its security without our written permission, or to resell it other than as permitted for API customers in section 6.

5. Signers and verification

You are responsible for entering correct signer details and for choosing the level of verification you need, such as an access code or an SMS PIN. We send signing invitations and PINs on your behalf. You must have a lawful basis for giving us your signers' details and must comply with the Spam Act 2003 (Cth) and Privacy Act 1988 (Cth).

6. API customers and white-label use

• The API, its documentation and sandbox are licensed to you to build integrations for your own business or for your customers.
• You may display your own name, logo and colours on signing pages, emails and statements. You must not suggest that we endorse your product, and you must not use our name or marks, or anyone else's, without permission.
• You are responsible for your own customers, for flowing through terms that are no less protective of us than these, and for the acts of anyone using your credentials.
• Sub-accounts you create roll up to your account, and you are responsible for their use and charges.
• We may apply fair rate limits to protect the Service.

7. Your documents and retention

You own your documents and data. You give us the right to store, process and transmit them to provide the Service. Documents and signed files are kept with the transaction for 90 days after it finishes (or after the last change to a draft that was never sent). After 90 days the files are permanently deleted and only a summary record is kept: identifiers, status, timestamps, signer names and email addresses, outcomes, document fingerprints and billing records. You are responsible for downloading and keeping any signed copy you need for longer. We cannot restore deleted files.

8. Security

We use encryption in transit and at rest and protect each transaction with its own key. No service can be completely secure. We will notify you without undue delay if we become aware of a breach that affects your data, as the law requires.

9. Availability and support

We aim to keep the Service available but do not guarantee it will be uninterrupted or error free. We may suspend access to protect the Service, to investigate misuse or for unpaid amounts, and will give notice where we reasonably can. Support is provided at the contact below.

10. Intellectual property

We own the Service, the API and our marks. We grant you a non-exclusive, non-transferable right to use them during your subscription. You grant us a limited right to use your name and logo to provide the Service to you, including branding where you choose it.

11. Confidentiality

Each of us must keep the other's non-public information confidential and use it only for this agreement, except where disclosure is required by law.

12. Liability

Nothing in these terms excludes rights you have under the Australian Consumer Law that cannot be excluded. To the extent the law allows: (a) we exclude liability for indirect or consequential loss, loss of profit, revenue, data or goodwill; (b) our total liability for any claim is limited to the fees you paid us in the 12 months before the claim arose (or A$100 if you paid nothing); and (c) where the law lets us limit liability for a failure to comply with a consumer guarantee, we limit it to resupplying the Service or paying the cost of resupply. You are responsible for losses arising from the content of your documents, your choice to use electronic signatures, and misuse of your credentials.

13. Ending the agreement

You may stop using the Service or cancel your plan at any time. We may end or suspend your access if you breach these terms, if amounts are overdue after notice, or if we stop offering the Service on 60 days notice. When the agreement ends, amounts due remain payable, and files are deleted on the retention schedule in section 7 unless you ask us to delete them sooner.

14. Changes to these terms

We may update these terms. We will give notice of material changes by email or in the Service at least 14 days before they apply. Continuing to use the Service after that date means you accept the changes.

15. General

These terms are governed by the laws of New South Wales, Australia, and the parties submit to the courts of New South Wales. These terms, the plan and fee information on our website, and any order form are the whole agreement. If a part is unenforceable the rest continues. You may not assign your rights without our consent. Neither of us is liable for delays caused by events outside reasonable control.

16. Contact

360 SaaS Pty Ltd, 368 Sussex St, Sydney NSW 2000. Email: support@portal360.ai.