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Terms

Terms of Service

Effective:
Last updated:

Acceptance & nature of the Service

These Terms of Service (the "Terms") govern your access to and use of the digital‑waiver software made available at https://clickwaiver.com (the "Site" and, together with related applications and APIs, the "Service"), operated by WaiverForms, Inc. ("WaiverForms, Inc.," "we," "us"). By creating an account, signing a waiver delivered through the Service, or otherwise using the Service, you agree to these Terms. If you are entering into these Terms on behalf of a company or other organization, you represent that you have authority to bind that entity, and "you" includes the entity.

WaiverForms, Inc. is a software tool, not a law firm. The Service helps you draft, distribute, sign, and store waivers. It does not provide legal advice, prepare legal documents on your behalf, or substitute for advice from qualified legal counsel in your jurisdiction. Our jurisdiction‑aware features — template libraries, builder warnings, the compliance lint engine, AI‑assisted drafting, and per‑state notices — are guardrails and informational aids designed to help you avoid common drafting errors. They are not a guarantee that any specific waiver will be enforceable in any specific jurisdiction.

If you need legal advice about a particular waiver, dispute, or regulatory regime, you should engage a licensed attorney. See Section 11.

Definitions

In these Terms:

  • "Operator" means an organization (and its authorized users) that creates, configures, distributes, and stores waivers using the Service.
  • "Signer" means a person who completes a waiver delivered through the Service.
  • "End User" means an Operator or a Signer, as the context requires.
  • "Operator Content" means the waiver templates, branding, text, images, and other materials an Operator uploads to or creates within the Service, together with the Signer responses, signature images, audit records, and generated documents associated with that Operator's account.
  • "Output" means a draft template generated by an AI feature in response to an Operator prompt.

Description of the Service

The Service includes:

  • A template builder for creating waiver forms with text, fields, signature pads, branding, and jurisdiction‑aware warnings.
  • Distribution channels: shareable links, QR codes, email delivery, kiosk mode (including offline‑capable kiosk), and embeddable widgets.
  • A signing flow on which Signers complete and sign the waiver, with audit‑event recording (timestamps, IP, user agent, country) and a tamper‑evident SHA‑256 hash recorded against each completed PDF.
  • Storage of signed PDFs, signature images, and the associated audit trail, with operator‑configurable retention and a two‑stage soft‑then‑hard delete worker.
  • A signer‑side data‑access endpoint at /dsar for individuals to request their own records.
  • A public verify endpoint at /verify for confirming that a downloaded PDF matches the hash on file.
  • A REST API with bearer‑token and API‑key authentication for integration with Operator workflows.
  • Optional AI‑assisted drafting to help Operators bootstrap a template from a natural‑language description.

We may add, change, or remove features. We will not remove a feature that materially reduces the Service in a way that breaks an existing Operator's core use of the Service without reasonable advance notice.

Account responsibilities

To use most of the Service you must create an Operator account. You agree:

  • To provide accurate registration information and keep it current.
  • To keep your credentials, API keys, and integration secrets confidential. Activity that occurs under your account is your responsibility.
  • To promptly notify us at hello@clickwaiver.com of any unauthorized access or use you become aware of.
  • To use the Service only for lawful purposes consistent with these Terms.
  • That you are at least eighteen (18) years old (or the age of majority in your jurisdiction, whichever is higher) and competent to enter into a binding contract.

You may invite additional users to your Operator account in the roles supported by the Service (owner, admin, member). You are responsible for the actions of users you invite. The Service provides role‑based access controls and an audit log of administrative actions; you should configure roles consistently with your internal access policies.

Acceptable use

You agree that you will not, and will not allow your users to:

  • Use the Service to create or distribute a waiver that contains unlawful, deceptive, fraudulent, defamatory, obscene, or threatening content.
  • Use the Service to collect personal data from Signers in a manner that violates applicable privacy law in the Signer's jurisdiction, or without an appropriate lawful basis where required (such as GDPR Art. 6).
  • Interfere with, disrupt, or attempt to gain unauthorized access to the Service, our infrastructure, other Operators' accounts, or any underlying networks.
  • Probe, scan, or test the vulnerability of the Service except under a coordinated‑disclosure program we publish.
  • Reverse engineer, decompile, or attempt to extract the source code of the Service, except to the extent applicable law expressly permits and you have first asked us in writing for the information you need.
  • Use scraping, crawling, harvesting, or any automated means to access the Service, other than through the API in accordance with its rate limits and these Terms.
  • Resell, sublicense, white‑label, or otherwise commercialize the Service to third parties except through a written reseller agreement with us.
  • Use the Service to send unsolicited messages or otherwise violate anti‑spam laws (CAN‑SPAM, CASL, GDPR, PECR, and similar regimes apply in their respective jurisdictions).
  • Circumvent or attempt to circumvent rate limits, billing controls, plan limits, or feature gates.

We may suspend or terminate access for accounts that materially breach this Section 5, with reasonable notice where the breach is curable and immediately where it is not.

Operator Content & ownership

As between you and us, you retain all rights, title, and interest in Operator Content. You grant WaiverForms, Inc. a worldwide, non‑exclusive, royalty‑free license to host, process, transmit, copy, display, and back up Operator Content as needed to provide and improve the Service, to enforce these Terms, and to comply with our legal obligations. This license terminates when the Operator Content is deleted from the Service except to the extent (i) backups containing the data have not yet rotated out; (ii) we are required to retain the data by law; or (iii) the data exists in an audit‑record form preserved for the Signer's protection.

You represent and warrant that:

  • You have all rights necessary to upload Operator Content to the Service and to authorize the license described above.
  • Your use of the Service and the Operator Content does not infringe any third‑party right (copyright, trademark, privacy, publicity, or otherwise).
  • Where Operator Content includes personal data of Signers, you are responsible for collecting any required consents, providing any required notices, and otherwise complying with applicable data‑protection law as the data controller.

We do not claim ownership of your Operator Content and we will not use it to train AI models. AI template‑generation prompts you submit to the AI feature are sent to the model provider listed in our Privacy Policy; provider‑side training on those prompts is disabled where the provider exposes that setting.

AI features

The Service includes AI‑assisted template generation. The AI generates an Output based on your prompt; the Output is a draft, not a finished waiver. You are solely responsible for reviewing, editing, and validating the Output before publishing it for use with Signers. The Output may contain inaccuracies, omissions, or legal language that is inappropriate for your jurisdiction or activity. The Service's pre‑publish compliance lint highlights some known footguns (for example, U.S.‑style "exclude all liability" wording in a UK template), but it cannot catch every drafting error.

By using the AI feature you acknowledge that:

  • AI models can produce plausible‑sounding but inaccurate content. The Output is a starting point, not a finished legal product.
  • WaiverForms, Inc. makes no representation that an Output is suitable for any particular use.
  • You retain ownership of the Output once accepted into your template. Two Operators with similar prompts may receive substantially similar Outputs; you should not rely on the Output being unique to you.

Subscription, billing & taxes

Some plans require a paid subscription. Plan tiers, prices, and included features are described on the pricing page and may change with advance notice. By selecting a paid plan you authorize WaiverForms, Inc., through our billing processor, to charge the payment method on file for the applicable fees on a recurring basis until you cancel.

  • Free trial: if a free trial is offered, you may cancel at any time before the trial ends to avoid being charged.
  • Renewal: subscriptions renew automatically at the end of each billing period until cancelled.
  • Cancellation: you may cancel at any time. Cancellation takes effect at the end of the current billing period; we do not pro‑rate refunds for partial periods.
  • Refunds: except where required by applicable consumer‑protection law, all fees are non‑refundable.
  • Taxes: prices do not include taxes. You are responsible for any sales, use, VAT, GST, or similar taxes assessed by your tax authority on your subscription.
  • Price changes: we will give at least thirty (30) days' notice of a price change for paid plans. Continued use after the change takes effect is acceptance of the new price.

Operator‑level billing data is handled by our billing processor; we do not receive or store payment card numbers or full bank details. See the Privacy Policy for details.

Term & termination

These Terms apply from when you first use the Service and continue until terminated. Either party may terminate as follows:

  • You may terminate at any time by emailing us at hello@clickwaiver.com. A self‑serve account‑closure interface will be added prior to public launch.
  • We may terminate or suspend your access for material breach of these Terms (including the Acceptable Use rules in Section 5), non‑payment after reasonable notice and opportunity to cure, prolonged inactivity, or to comply with law.

Upon termination, you cease to have a right to use the Service, but your Operator Content will be retained for the period stated in the Privacy Policy or your retention configuration, whichever is shorter, except as required by law.

Post-termination data export. Operators may request a final export of Operator Content within thirty (30) days of termination by emailing hello@clickwaiver.com; we will fulfill the request through the in‑product export tooling or, where the account has been closed, by an operator‑assisted export. After thirty (30) days, we may delete the Operator Content from active systems (backups rotate out on their own schedule). If you need a longer export window, contact us before termination takes effect and we will discuss reasonable arrangements.

Sections that by their nature should survive termination — including Sections 6 (ownership), 8 (taxes), 9 (term & termination), 12 (disclaimers), 13 (liability), 14 (indemnity), 15 (dispute resolution), and 16 (general) — will survive.

Service availability

We aim to keep the Service available continuously but do not guarantee uninterrupted availability. We may perform maintenance, upgrades, or emergency operations that temporarily affect availability. We will use reasonable efforts to schedule planned maintenance to minimize disruption and to communicate it in advance when feasible.

Legal information is not legal advice

The Service offers features that may resemble legal output: template language, jurisdiction notices, compliance warnings, ESIGN/UETA framing, and a certificate of completion that cites U.S. statutes. None of this is legal advice. WaiverForms, Inc. is a technology vendor. We do not represent you in any legal matter, we are not your attorneys, and engaging with the Service does not create a lawyer–client relationship.

The jurisdiction‑aware features in the Service reflect our reasonable interpretation of public legal materials as of the dates indicated and are intended as starting points for an informed Operator to refine with their own counsel. Laws change; courts decide cases that may overturn prior expectations; specific facts can shift the analysis. Do not rely on these features as your sole basis for assessing the enforceability of a waiver.

If your activity involves a regulated profession (medical practice, schools, child care, financial services, etc.), the regulated‑activity framework may impose obligations beyond the scope of the Service. You are responsible for satisfying those obligations.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WaiverForms, Inc. DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON‑INFRINGEMENT, AND ANY WARRANTY ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, THAT IT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR‑FREE, OR THAT ANY WAIVER CREATED, SIGNED, OR STORED THROUGH THE SERVICE WILL BE ENFORCEABLE OR EFFECTIVE IN ANY JURISDICTION. WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY TEMPLATE, JURISDICTION NOTICE, COMPLIANCE WARNING, OR AI OUTPUT PROVIDED THROUGH THE SERVICE.

THE LAWS GOVERNING THE ENFORCEABILITY OF LIABILITY WAIVERS VARY FROM STATE TO STATE, PROVINCE TO PROVINCE, AND COUNTRY TO COUNTRY. YOU, NOT WaiverForms, Inc., ARE RESPONSIBLE FOR DETERMINING WHETHER A WAIVER YOU CREATE, DISTRIBUTE, OR STORE THROUGH THE SERVICE IS LEGALLY ENFORCEABLE IN YOUR JURISDICTION, INCLUDING WHETHER ITS CONTENT, THE MANNER OF ITS DELIVERY, AND THE METHOD OF ELECTRONIC SIGNATURE SATISFY APPLICABLE LAW (FOR EXAMPLE, ESIGN, UETA, eIDAS, UK ECA 2000, AND PIPEDA). NOTHING IN THE SERVICE — INCLUDING ANY TEMPLATE, JURISDICTION NOTICE, COMPLIANCE WARNING, AI OUTPUT, OR CERTIFICATE OF COMPLETION — IS LEGAL ADVICE OR A REPRESENTATION ABOUT THE ENFORCEABILITY OF A PARTICULAR WAIVER. WE STRONGLY RECOMMEND THAT YOU CONSULT A LICENSED ATTORNEY IN YOUR JURISDICTION BEFORE RELYING ON A WAIVER FOR A SIGNIFICANT LEGAL OR COMMERCIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU IN FULL.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WaiverForms, Inc.'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

IN NO EVENT WILL WaiverForms, Inc. BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF WaiverForms, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTHING IN THESE TERMS LIMITS OR EXCLUDES LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED BY APPLICABLE LAW, INCLUDING LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, FOR FRAUD, OR FOR FRAUDULENT MISREPRESENTATION. For UK and EU consumers: mandatory consumer rights (including under the UK Consumer Rights Act 2015 and similar EU/EEA Member State legislation) are not affected by these Terms.

Indemnification

You agree to defend, indemnify, and hold harmless WaiverForms, Inc. and its directors, officers, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

  • Your Operator Content, including any claim that your Operator Content infringes a third‑party right or violates applicable law;
  • A waiver you created, distributed, or stored through the Service, or your enforcement or attempted enforcement of such a waiver;
  • Your breach of these Terms or violation of applicable law;
  • Your use of the Service in combination with services we did not provide.

We will give you prompt written notice of any claim covered by this indemnity, allow you to control the defense (provided you do not enter into a settlement that admits liability on our behalf or imposes any obligation on us without our prior written consent), and cooperate at your expense in the defense.

Dispute resolution & governing law

These Terms are governed by the laws of the state and country in which WaiverForms, Inc. is established, without regard to conflict‑of‑laws principles. The specific governing‑law jurisdiction will be inserted here prior to launch following confirmation of our registered legal entity.

The parties will use good‑faith efforts to resolve any dispute arising out of or relating to these Terms or the Service by negotiation before initiating legal proceedings. Any unresolved dispute will be brought exclusively in the courts located in the governing‑law jurisdiction, and each party submits to the personal jurisdiction of those courts. Each party waives any right to a jury trial to the extent permitted by law.

Mandatory consumer rights are preserved. Where mandatory consumer‑protection law in your country of residence grants you the right to bring an action in your local courts or under your local law, this Section does not deprive you of that right.

No class actions, to the extent permitted by law. Disputes will be resolved on an individual basis. To the extent permitted by applicable law, you waive any right to participate in a class action, collective action, or representative proceeding against WaiverForms, Inc..

General

  • Entire agreement. These Terms (together with the Privacy Policy and any plan‑specific addenda we enter into with you) are the entire agreement between you and WaiverForms, Inc. regarding the Service and supersede any prior agreement on the same subject.
  • Changes. We may revise these Terms from time to time. For material changes affecting Operators we will provide reasonable advance notice by email or in‑app banner. Continued use after the effective date is acceptance of the revised Terms.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets, provided the assignee agrees to be bound by these Terms.
  • No waiver. A failure to enforce any provision is not a waiver of that provision or of any other provision.
  • Severability. If any provision is held unenforceable, the remaining provisions will continue in effect to the maximum extent permitted by law, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable while preserving the parties' intent.
  • Force majeure. Neither party is liable for failure or delay caused by events beyond its reasonable control, including acts of God, war, terrorism, pandemic, civil unrest, internet or telecommunications failure, and acts of government.
  • Notices. Notices to you may be given by email to the address on file or by an in‑product banner; notices to us must be sent to hello@clickwaiver.com.
  • Relationship. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between you and WaiverForms, Inc..
  • Headings. Section headings are for convenience and have no substantive effect.

If you have questions about these Terms, contact us at hello@clickwaiver.com.