Terms of Use and Privacy Policy - Flexina Signature

Disclaimer

This English version is provided for informational purposes only. In case of any discrepancies between this translation and the original French version, the French version shall prevail. Flexina is not responsible for any misunderstandings or issues arising from this translation.

1. Service Overview

Flexina Signature is an electronic signature module integrated into the Flexina software. It allows Flexina clients (hereinafter referred to as "requesters") to send their quotes, purchase orders, and delivery notes to their own customers (hereinafter referred to as "signatories") for electronic signature.

2. Flexina's Role and Non-Liability

Flexina acts solely as a provider of the electronic signature technical solution. Flexina does not intervene in any way in the relationship between the requester and the signatory, and is not responsible for the legality or validity of the electronic signature in the specific context of their commercial relationship.

Flexina disclaims any financial liability related to the use of its service. The use of Flexina Signature does not constitute a guarantee of legal validity for signed documents. Flexina does not provide legal advice and cannot be held responsible for legal, commercial, or financial consequences arising from the use of the service.

3. User Responsibilities

3.1 Requester Responsibilities

The requester is solely responsible for:

• Ensuring the legality and relevance of using electronic signatures in the context of their relationship with the signatory.
• Obtaining the signatory's consent for the use of electronic signatures.
• Verifying the signatory's identity.
• Retaining signed documents and associated evidence in accordance with applicable legislation.
• Consulting their own legal advisors to assess the validity and relevance of using electronic signatures in their specific context.

3.2 Signatory Responsibilities

The signatory is responsible for:

• Ensuring they have the legal authority and capacity to sign the document electronically.
• Providing accurate information during the signing process.
• Understanding the legal implications of their electronic signature.

4. Data Collection and Processing

4.1 Collected Data and Signing Process

As part of the signing process, the following information is collected and processed:

• Signature Request:
  • Unique request identifier
  • Document identifier in Flexina
  • User who requested the signature
  • Date and time of the request
  • Signatory's name and email address
• Signature Interface:
  • The signatory receives an email with a unique identifier to access the signature interface
  • The signatory can view each page of the document and download it before signing
  • Signature options: drawing the signature, uploading a signature image, or entering the name
  • Optional geolocation sharing
  • Mandatory acceptance of Flexina's terms of use and privacy policy
• Signing Process:
  • Signature
  • Geolocation (if provided by the signatory)
  • IP address of the Flexina server and the signatory
• Signed Document Construction:
  • Integration of signature data into the document
  • Creation of a signature audit including request data, requester company data, and signature data

4.2 Data Retention and Transmission

• The signed document and signature audit are sent by email to both parties (requester and signatory)
• The email is sent from signature@myflexina.com using S/MIME, DMARC, DKIM, and SPF protocols to ensure authenticity and integrity
• Flexina does not retain any trace of the signature after sending the emails
• Only a "signed" status with the signature date is retained in the Flexina software

4.3 Retention Responsibility

The signatory and requester are solely responsible for retaining the email containing the signed document and its audit trail. Without this email, proof of signature via Flexina Signature cannot be established.

5. Communication Security

Flexina implements several measures to ensure communication security:

• Emails containing signed documents are sent securely from signature@myflexina.com using the S/MIME (Secure/Multipurpose Internet Mail Extensions) protocol.
• The S/MIME protocol allows digital signing of emails with a valid certificate obtained from Sectigo, ensuring the authenticity of the sender and the integrity of the email content and attachments.
• DMARC, DKIM, and SPF protocols are also used to enhance email security and authenticity.
• The unique signature identifier is sent in an encrypted manner, ensuring that only Flexina can decrypt the link and initiate the signing process on the appropriate document.
• All communications with Flexina servers are done via HTTPS protocol, ensuring end-to-end encryption of transmitted data.

These measures aim to protect the integrity and confidentiality of the electronic signing process. However, Flexina cannot guarantee absolute security, and users accept the inherent risks of transmitting data over the Internet.

6. Liability Limitations

Flexina cannot be held responsible for:

• The legality or validity of the electronic signature in the specific context of the relationship between the requester and the signatory.
• Legal or commercial consequences arising from the use of electronic signatures.
• Retention of signed documents and associated evidence beyond the initial sending.
• Fraudulent or unauthorized use of electronic signing means by a third party.
• Direct or indirect damages resulting from the use or inability to use the Flexina Signature service.
• Errors, omissions, interruptions, deletions, defects, operational or transmission delays, network failures, theft, destruction, unauthorized access, or modification of user communications.
• Loss of data or information of any kind resulting from the use of the service.
• Technical or other problems preventing access to or use of the service.
• The accuracy, completeness, or relevance of information provided by users during the signing process.
• Any direct or indirect financial loss resulting from the use or inability to use the service.

Flexina's liability, regardless of the cause, is limited to the amount paid by the requester for the use of the Flexina Signature service during the 3 months preceding the event giving rise to liability.

7. Regulatory Compliance and eIDAS

7.1 eIDAS Compliance for Simple Signatures

The electronic signature provided by Flexina Signature complies with the eIDAS regulation (electronic IDentification, Authentication and trust Services) for simple electronic signatures only. It is important to understand the different types of electronic signatures according to eIDAS:

• Simple electronic signature:

  This is the type of signature provided by Flexina Signature. It consists of electronic data linked or logically associated with other electronic data that the signatory uses to sign.

• Advanced electronic signature:

  This type of signature is not provided by Flexina Signature. It meets additional requirements for signatory identification and document integrity.

• Qualified electronic signature:

  This type of signature is not provided by Flexina Signature. It is an advanced electronic signature created by a qualified electronic signature creation device and based on a qualified certificate.

7.2 Flexina's Role in Simple Signatures

The purpose of Flexina Signature is to assist in creating and managing evidence associated with simple electronic signatures. Specifically:

• Flexina Signature facilitates the simple electronic signature process by providing a user-friendly and secure interface.
• The service helps collect and organize evidence related to the signature, such as timestamp, IP address, and geolocation (if provided by the signatory).
• Flexina Signature is not designed to provide advanced or qualified electronic signatures as defined by the eIDAS regulation.
• The service primarily aims to save time in the signing process, replacing the traditional flow of printing, handwritten signature, and document scanning.

7.3 Legal Value and Limitations

In the context of eIDAS:

• A simple electronic signature has the same legal value as a handwritten signature, but its probative value may vary depending on circumstances and jurisdictions.
• The signature provided by Flexina Signature has the same legal value as a handwritten signature on a document sent by email, printed, signed, scanned, and returned.
• It is the users' responsibility to ensure that this type of signature is appropriate and sufficient for their specific needs.
• For certain types of documents or transactions, an advanced or qualified electronic signature may be required by law. In these cases, Flexina Signature would not be appropriate.

8. Legal Advice

It is strongly recommended that requesters and signatories consult their own legal counsel to assess the relevance and validity of using electronic signatures in the context of their specific business relationship.

9. Modifications to Terms

Flexina reserves the right to modify these terms of use and privacy policy at any time. Users will be informed of significant changes and must accept them to continue using the service.

10. Company Information

Flexina Signature is a service provided by:

FLEXINA SRL

Boulevard de la Sauvenière 144

4000 Liège

Belgium

Company number (VAT): BE 0895.193.994

Email: info@flexina.co

Website: www.myflexina.com

11. Contact

For any questions regarding these terms or the use of Flexina Signature, please contact our customer service at the following address: info@flexina.co.

12. Acceptance of Risks

By using Flexina Signature, you expressly acknowledge and accept all risks associated with the use of electronic signatures and release Flexina from any liability, including financial, related to these risks. You understand that the use of this service is at your own risk and that Flexina cannot guarantee the legal validity of signatures in all contexts.

By using Flexina Signature, you accept these terms of use and privacy policy.