E-Sign Service Terms and Conditions

1. Introduction and Acceptance

These Electronic Signature Service Terms and Conditions ("E-Sign Terms") govern your use of the electronic signature functionality provided by EchoPM ("we," "us," or "our") through our platform located at echopm.app (the "Service"). By using our electronic signature services, you acknowledge that you have read, understood, and agree to be bound by these E-Sign Terms.

These E-Sign Terms supplement and are incorporated into our general Terms of Service. In the event of any conflict between these E-Sign Terms and our general Terms of Service, these E-Sign Terms shall control with respect to your use of electronic signature services.

2. Legal Framework and Validity

2.1 Federal ESIGN Act Compliance

Our electronic signature service complies with the federal Electronic Signatures in Global and National Commerce Act (ESIGN Act), 15 U.S.C. § 7001 et seq. Under this Act, electronic signatures have the same legal validity and enforceability as handwritten signatures.

2.2 State UETA Compliance

We also comply with the Uniform Electronic Transactions Act (UETA), which has been adopted by 47 states, the District of Columbia, Puerto Rico, and the U.S. Virgin Islands. Electronic signatures executed through our Service are legally binding in all UETA jurisdictions.

2.3 Legal Exceptions

Please note that certain types of documents may not be eligible for electronic signatures under federal or state law, including but not limited to:

• Wills, codicils, and testamentary trusts
• Documents relating to adoption, divorce, or other family law matters
• Court orders, notices, or official court documents
• Notices of cancellation of utility services
• Notices of default, repossession, foreclosure, or eviction
• Health insurance or life insurance benefit cancellations
• Product recall notices related to health or safety

You are responsible for ensuring that the document you are signing electronically is appropriate for electronic signature under applicable law.

3. Consent to Use Electronic Signatures

3.1 Express Consent

By using our electronic signature service, you expressly consent to:

• Conduct transactions using electronic signatures
• Receive documents in electronic format
• Have electronic signatures serve as your legally binding signature
• Use electronic records as evidence of your agreement

3.2 Withdrawal of Consent

You may withdraw your consent to use electronic signatures at any time by contacting us at legal@echopm.com. However, withdrawal of consent:

• Does not affect the legal validity of electronic signatures executed prior to withdrawal
• May limit your ability to use certain features of the Service
• Does not entitle you to any refund of fees paid

3.3 Scope of Consent

Your consent applies to all documents and transactions conducted through the Service, including but not limited to:

• Lease agreements and lease amendments
• Rental applications
• Addendums and disclosures
• Move-in and move-out inspection reports
• Maintenance requests and work orders
• Notice documents
• Payment authorizations

4. Hardware and Software Requirements

4.1 Technical Requirements

To access and use our electronic signature service, you must have:

• A computer, tablet, or mobile device with internet access
• A current web browser (Chrome, Firefox, Safari, Edge)
• JavaScript enabled
• Ability to receive and view PDF documents
• A valid email address
• Sufficient storage space to save electronic records

4.2 Updates to Requirements

We reserve the right to update these technical requirements from time to time. We will notify you of any material changes that may affect your ability to access the Service. Continued use of the Service after such changes constitutes your acceptance of the updated requirements.

5. Electronic Signature Process

5.1 Identity Verification

Before allowing you to execute an electronic signature, we implement identity verification procedures, which may include:

• Email verification
• Multi-factor authentication (SMS or authenticator app)
• Security questions
• Account login credentials
• IP address logging

5.2 Signature Methods

You may execute electronic signatures through one or more of the following methods:

• Typed Signature: Typing your name in a signature field
• Drawn Signature: Drawing your signature using a mouse, stylus, or finger
• Uploaded Signature: Uploading an image of your handwritten signature
• Click-to-Sign: Clicking an "I Agree" or "Sign" button

5.3 Signature Adoption

By executing an electronic signature through any of the methods described above, you adopt that signature as your own and intend it to have the same legal effect as your handwritten signature. You acknowledge that:

• Your electronic signature is a true and accurate representation of your signature
• You have reviewed the document before signing
• You intend to be legally bound by the terms of the document
• You have the legal capacity and authority to execute the document

6. Document Retention and Access

6.1 Electronic Records

All documents executed through our Service are maintained as electronic records. You agree that:

• Electronic records have the same legal validity as paper records
• You will not challenge the admissibility of electronic records solely because they are in electronic format
• Electronic records may be used as evidence in any legal proceeding

6.2 Access to Signed Documents

You may access electronically signed documents through:

• Your EchoPM account dashboard
• Email notifications containing document links
• Direct download as PDF files

We recommend that you download and save copies of all signed documents for your records.

6.3 Document Retention Period

We will retain electronically signed documents for the period required by applicable law, typically:

• Lease agreements: 7 years after lease termination
• Applications and tenant records: 3 years
• Financial records: 7 years
• Other documents: As required by applicable law

7. Audit Trail and Certificate of Completion

7.1 Audit Trail

For each electronically signed document, we create and maintain a detailed audit trail that includes:

• Names and email addresses of all signers
• Date and time of each signature
• IP address of each signer
• Authentication method used
• Document access and viewing times
• Any modifications to the document
• Certificate of completion

7.2 Certificate of Completion

Upon completion of the signing process, we generate a tamper-evident Certificate of Completion that:

• Is permanently attached to the signed document
• Contains a complete audit trail
• Uses cryptographic sealing to prevent tampering
• Serves as evidence of the signing event

8. Security Measures

8.1 Encryption

All documents transmitted through our Service are encrypted using:

• TLS 1.3 encryption for data in transit
• AES-256 encryption for data at rest
• Cryptographic hashing for document integrity verification

8.2 Tamper Evidence

Once a document is signed:

• It is sealed with a digital signature
• Any subsequent modification will invalidate the seal
• The original signed version is preserved
• Tampering attempts are logged and reported

8.3 Access Controls

We implement strict access controls to ensure:

• Only authorized parties can access documents
• Multi-factor authentication is required for sensitive actions
• Session timeouts prevent unauthorized access
• Activity logs track all document access

9. User Responsibilities

9.1 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• Ensuring your email address is current and accessible
• Logging out of your account when finished
• Immediately notifying us of any unauthorized use
• Using strong, unique passwords

9.2 Document Review

Before signing any document, you must:

• Carefully read and review the entire document
• Ensure you understand all terms and conditions
• Verify the accuracy of all information
• Seek legal advice if necessary
• Confirm you have authority to sign

9.3 Record Keeping

You should:

• Download and save copies of all signed documents
• Maintain backup copies in a secure location
• Retain documents for the required retention period
• Ensure you can access documents if your account is closed

10. Prohibited Uses

You may not use our electronic signature service to:

• Sign documents on behalf of another person without proper authorization
• Forge, falsify, or misrepresent your identity
• Execute signatures for documents that are illegal or unenforceable
• Circumvent or attempt to circumvent our security measures
• Use the Service for any fraudulent purpose
• Share your account credentials with others
• Access documents you are not authorized to view
• Tamper with or modify signed documents

11. Representations and Warranties

By using our electronic signature service, you represent and warrant that:

• You have the legal capacity to enter into binding agreements
• You have the authority to execute the documents you are signing
• The information you provide is accurate and complete
• Your use of the Service complies with all applicable laws
• You are not using the Service for any fraudulent purpose
• You understand the legal significance of electronic signatures

12. No Liability for User Actions

13. Disclaimer of Warranties

THE ELECTRONIC SIGNATURE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT:

• The Service will be uninterrupted or error-free
• Documents will be accepted as legally binding in all jurisdictions
• The Service will meet your specific requirements
• All technical issues will be resolved
• Third-party services will always be available

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Damages arising from your inability to use the Service
• Damages arising from reliance on electronic signatures
• Damages arising from third-party actions or failures

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless EchoPM, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the electronic signature service
• Your violation of these E-Sign Terms
• Your violation of any applicable laws
• Your violation of any third-party rights
• Documents you execute using the Service
• Unauthorized use of your account

16. Modifications to Terms

We reserve the right to modify these E-Sign Terms at any time. We will notify you of material changes by:

• Posting the updated terms on our website
• Sending email notification to your registered address
• Displaying a notice when you log in

Your continued use of the Service after changes are posted constitutes acceptance of the modified terms. If you do not agree to the changes, you must stop using the Service.

17. Governing Law and Jurisdiction

These E-Sign Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The federal ESIGN Act and applicable state UETA provisions shall also govern.

Any disputes arising from these terms or your use of the Service shall be resolved in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of such courts.

18. Dispute Resolution

Before filing any legal action, you agree to first contact us at legal@echopm.com to attempt to resolve the dispute informally. Most disputes can be resolved without formal legal proceedings.

19. Severability

If any provision of these E-Sign Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20. Entire Agreement

These E-Sign Terms, together with our Terms of Service and Privacy Policy, constitute the entire agreement between you and EchoPM regarding the electronic signature service and supersede all prior agreements and understandings.

21. Contact Information

If you have questions about these E-Sign Terms or need to withdraw your consent to use electronic signatures, please contact us: