a. Customer acknowledges and agrees that: (i) as between Supplier and Customer, Customer has exclusive control and responsibility for the content of all Customer Data, including any documents used with the eSign Services; (ii) certain types of documents, agreements, or contracts may be excluded from general electronic signature laws (such as wills, trusts, court orders, or family law matters), or may have specific regulations that are applicable to them; (iii) Customer is solely responsible for ensuring that the documents, agreements or contracts it uses with the eSign Services are appropriate for electronic signatures, and Supplier is not responsible or liable for any such determination or use; (iv) Consumer protection laws or regulations may impose specific requirements for electronic transactions involving consumers, Customer is solely responsible for ensuring it complies with all such laws/regulations, and Supplier has no obligations to make such determination or assist with fulfilling any requirements therein; and (v) Supplier reserves the right to delete Customer Data at any time and without notice. If Customer is using an API or other service that allows Customer to perform any end user/participant/signer authentication, then Customer is solely responsible and liable for such authentication.

b. Supplier may suspend Customer’s or any Authorized User’s access to the eSign Services or remove Customer Data if it determines in its sole discretion that: (a) Customer or such Authorized User has breached any portion of these PSTs or the GTCs, or (b) suspension is necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability, availability or integrity of eSign or any other Products provided by Supplier to its customers. Supplier will have no liability for taking action as permitted above. For the avoidance of doubt, Customer will remain responsible for payment of fees during any suspension period described herein.

c. Supplier shall not be liable for any loss, deletion, removal and/or failure of delivery to the intended recipient of user content, whether caused by computer virus, unauthorized access and/or otherwise. Customer and Authorized Users may retain a back-up copy of all Customer Data.

d. Supplier’s Privacy Policy as it relates to the Products governed by these PSTs is located at https://www.constellation1.com/privacy-policy/. Additional data privacy and security terms are located at https://www.constellation1.com/dpa.