Electronic Signature Consent & Disclosure

This disclosure explains the electronic-signature process used by PocketESign and the choices and responsibilities of people who send or sign documents.

1. Consent to use electronic records and signatures

When a signer affirmatively proceeds with an electronic signing workflow, the signer indicates an intention to conduct that signing process electronically and, when a signature or initials field is completed, an intention to apply that electronic signature or initials to the document presented.

2. Ability to review and retain the record

The signing flow is designed to let recipients review the document before completing required fields. Completed documents may be made available for download and may be accompanied by an audit record or completion certificate. Senders should ensure that recipients who are legally entitled to retain a record are given an appropriate opportunity to do so.

3. Hardware and software

Recipients generally need an internet-connected device, a current web browser, access to the email address or signing link used for the request and software capable of viewing PDF documents if they wish to keep an offline copy.

4. Withdrawing from the electronic process

A signer who does not wish to sign electronically should not complete the signature. The signer should contact the sender to ask whether an alternative paper or other legally acceptable process is available. PocketESign cannot require a sender to offer a particular alternative method.

5. Consumer disclosures

Some laws impose additional requirements when legally required written disclosures are delivered electronically to consumers. Senders are responsible for determining whether those requirements apply, including any special consent, disclosure, hardware/software or record-retention requirements.

6. Documents requiring special treatment

General U.S. electronic-signature law does not apply uniformly to every category of record. Examples of categories that may require different treatment include wills or testamentary trusts, adoption or divorce matters, certain court documents and other records identified by applicable law. Notarized, witnessed, sworn or regulated documents may also require additional functionality that PocketESign does not currently provide.

7. Audit information

The signing infrastructure may record information such as the identity data supplied for a signer, timestamps, IP address, browser or device information, document events and the completion status of fields. This information is used to create an audit trail and support the integrity of the electronic transaction.

8. Questions about a document

PocketESign is the technology platform, not a party to the underlying contract between sender and signer. Questions about the terms, accuracy or legal effect of the document should be directed to the sender or an appropriate professional adviser.