IMPORTANT NOTICE: These Docshark Sites and Services Terms and Conditions (the "Terms") contain a binding arbitration provision and class-action waiver for business users in Canada, and affect your legal rights. Please read carefully. These Terms govern access to and use of the Docshark websites, products, and services (the "Site" or "Docshark Services") operated by Sharkforce Inc., a corporation incorporated under the laws of Canada (federal). Sharkforce Inc. ("Sharkforce," "we," "us," or "our") provides Docshark to website visitors, Customers who subscribe, and Users who sign or collaborate on documents. Docshark is offered to users in Canada. By accessing or using the Site, you agree to these Terms on behalf of yourself and any organization you represent. If you have a separate Master Services Agreement with Sharkforce, that agreement controls to the extent of a conflict for covered services. These Terms are intended for business use. Consumers may have additional non-waivable rights under provincial or territorial consumer protection laws.
1. Site access and use
1.1 Eligibility. You represent that you are at least 18 years old (or the age of majority where you live), have authority to bind any organization you represent, and are not prohibited from using the Site under applicable sanctions, export, or anti-terrorism laws. You may not use the Site if Sharkforce has previously suspended or terminated your access. 1.2 Limited right to use. Subject to these Terms, you may access and use the Site only for lawful internal business purposes and as described in your Subscription Plan, Documentation, and the Docshark Acceptable Use Policy. Direct competitors may not access the Site without our prior written consent. 1.3 Availability. The Site may not be available in every country or language. You are responsible for ensuring your use complies with local law. We may block access where required by law or policy. 1.4 Updates. We may revise these Terms by posting an updated version with a new “Last updated” date. Material changes will be communicated where required by law. Continued use after changes take effect constitutes acceptance, except where applicable law requires express consent. 1.5 Communications. You consent to receive service, security, billing, and (where permitted) marketing communications electronically through the Site, email, in-product notices, or SMS where you opt in. You may unsubscribe from marketing using the link in those messages. Message and data rates may apply for SMS.
2. Ownership and intellectual property
2.1 Intellectual property. The Site, Docshark Services, Documentation, software, designs, and trademarks are owned by Sharkforce or its licensors and protected by intellectual property laws. Except for limited rights expressly granted, no rights are transferred to you. 2.2 Trademarks. “Docshark,” “Sharkforce,” and related logos may not be used without prior written permission. 2.3 Copyright complaints. If you believe content on the Site infringes your copyright, contact us at [email protected] with sufficient detail to identify the work and the allegedly infringing material. 2.4 Proprietary materials. Downloadable materials are licensed, not sold. Unauthorized reproduction or distribution is prohibited. 2.5 User content (feedback and community). If you post feedback, ideas, or public comments (“User Content”), you grant Sharkforce a worldwide, royalty-free license to use that User Content to operate and improve the Site. User Content does not include documents, envelopes, or Customer Data you upload for signing or storage in your account environment. 2.6 Screening. We may review or remove User Content at our discretion but have no obligation to monitor all content.
3. Restrictions on use
You agree not to, and not to permit others to: violate law or third-party rights; upload malware or interfere with the Site; impersonate others; access another Customer’s account without permission; reverse engineer except as permitted by law; scrape or harvest user lists; circumvent security or usage limits; use the Site to build a competing product or train models to replicate Docshark functionality without written consent; or engage in conduct that creates legal, security, or fraud risk for Sharkforce or other users. We may suspend or terminate access for violations.
4. Data and privacy
4.1 Customer Data. “Customer Data” means documents, envelopes, signer information, audit logs, and other content you upload or generate through Docshark Services. You retain ownership of Customer Data. You grant Sharkforce a limited license to host, process, transmit, and display Customer Data solely to provide and secure the Services. 4.2 Privacy. Personal information is handled as described in the Docshark Privacy Notice. Where Docshark processes personal information on your behalf, you are responsible for providing required notices and obtaining required consents from signers and administrators. 4.3 Usage data. We may collect de-identified diagnostic and usage data to secure, support, and improve Docshark. Aggregated insights may be used for analytics and benchmarking. 4.4 Law enforcement. We may disclose information when we believe in good faith that disclosure is required by law or necessary to protect rights, safety, or the integrity of the Services.
5. Docshark Services
5.1 Definitions. “Customer” means an organization that subscribes to Docshark Services. “Authorized User” means an individual permitted by Customer to use the Services. “Account” means Customer’s tenant. “Documentation” means our published guides for the Services. 5.2 License. During the Subscription Term, Customer receives a limited, non-exclusive, non-transferable right to use Docshark Services for internal business purposes in accordance with these Terms, the Documentation, and the Acceptable Use Policy. 5.3 Customer responsibilities. Customer is responsible for Account security, signer communications, document legality, field placement, retention settings, and compliance with employment, privacy, e-signature, and records laws. Customer will not send envelopes for document types we prohibit (for example certain wills, court orders, or cancellation notices where not legally appropriate for electronic execution). 5.4 Authorized Users. Each Authorized User must have a unique identity. Shared credentials are prohibited. 5.5 Administrators. Customer may designate Account Administrators to manage users, billing, templates, and organization settings. 5.6 AI features. Features that summarize, classify, or suggest contract language use automated systems. Outputs are decision support only and are not legal advice. Customer remains responsible for human review where required.
6. Fees, billing, and trials
6.1 Subscription Plans. Fees and entitlements are described in your Order Form, checkout flow, or published plan page. Prices may change on renewal with advance notice where required by law. 6.2 Renewals. Paid plans renew for successive periods unless you cancel before the renewal date through the admin console or by contacting support. 6.3 Taxes. Fees are exclusive of applicable sales, use, GST/HST, VAT, and similar taxes unless stated otherwise. You are responsible for taxes associated with your purchase except taxes based on Sharkforce’s net income. 6.4 Overages. Usage beyond purchased entitlements may incur overage fees billed in arrears. 6.5 No refunds. Fees are non-refundable except where required by applicable law or expressly stated in writing. 6.6 Free trials. Trial environments may not include all features. Data entered during a trial may be deleted at the end of the trial unless you convert to a paid plan or export data beforehand. Trials are provided “as is” with limited liability as described in Section 8.
7. Term, suspension, and termination
7.1 Term. These Terms apply from the date you first accept them until your Subscription expires or access ends. 7.2 Suspension. We may suspend access if we reasonably believe you violated these Terms, created security risk, failed to pay fees, or if required by law. We will use commercially reasonable efforts to notify you unless notice is prohibited or would increase harm. 7.3 Termination by Customer. You may terminate by closing your Account according to in-product instructions or support processes. Certain records may be retained as described in the Privacy Notice and applicable law. 7.4 Termination by Sharkforce. We may terminate for non-payment, material breach, insolvency, fraud, or legal risk. 7.5 Effect of termination. Accrued fees remain due. Licenses end except for survival clauses. We may retain audit and fraud-prevention records as permitted by law.
8. Confidentiality
Each party may receive confidential information from the other. The receiving party will use confidential information only for the permitted purpose, protect it with reasonable care, and not disclose it except to affiliates, advisers, and service providers under confidentiality obligations. Required disclosures may be made after notice where legally permitted.
9. Warranties and disclaimers
THE SITE AND DOC SHARK SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SHARKFORCE DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT SIGNED DOCUMENTS WILL BE ENFORCEABLE IN EVERY JURISDICTION. CUSTOMER IS RESPONSIBLE FOR DETERMINING WHETHER ELECTRONIC SIGNING IS APPROPRIATE FOR A GIVEN TRANSACTION.
10. Limitation of liability
10.1 Exclusion. To the maximum extent permitted by applicable law, Sharkforce will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data arising from use of the Site or Docshark Services. 10.2 Cap. Sharkforce’s total aggregate liability for claims arising out of or relating to these Terms or Docshark Services will not exceed the greater of (a) amounts you paid Sharkforce for the Docshark Services giving rise to the claim during the twelve (12) months before the event, or (b) one hundred Canadian dollars (CAD $100), except where liability cannot be limited under mandatory applicable law. 10.3 Services cap. Claims relating solely to Docshark Services are also subject to the cap in Section 10.2. 10.4 Consumer rights. Nothing in these Terms limits rights that cannot be waived under consumer protection laws in your province or territory.
11. Indemnification
You will defend, indemnify, and hold harmless Sharkforce and its officers, directors, employees, and affiliates from third-party claims arising from your Customer Data, your breach of these Terms, your violation of law, or your failure to obtain required notices and consents from signers. Sharkforce may assume exclusive control of a defense and you will cooperate.
12. Dispute resolution and governing law
12.1 Informal resolution. Before formal proceedings, contact [email protected] with a written description of the dispute. The parties will attempt good-faith resolution for thirty (30) days. 12.2 Arbitration (business users). Except where prohibited by applicable law, disputes between business Customers and Sharkforce arising out of these Terms will be resolved by final and binding arbitration administered by the ADR Institute of Canada under its Arbitration Rules, with the seat in Toronto, Ontario, in English. Either party may seek injunctive relief in court to protect intellectual property or confidential information. 12.3 Class actions. To the extent permitted by law, disputes will be brought only in an individual capacity and not as a class or representative action. 12.4 Governing law. These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law rules. Courts in Toronto, Ontario have exclusive jurisdiction for matters not subject to arbitration, except where mandatory consumer law requires another forum. 12.5 Language. The English version of these Terms controls if a translation conflicts, unless prohibited by law.
13. General
13.1 Third-party links. We are not responsible for third-party websites or services linked from the Site. 13.2 Independent parties. The parties are independent contractors. 13.3 Sanctions. You will comply with applicable Canadian sanctions and export control laws. 13.4 Assignment. You may not assign these Terms without our consent. We may assign in connection with a merger, acquisition, or asset sale. 13.5 Notices. Notices to Sharkforce: Sharkforce Inc. (Canada, federal corporation), [email protected]. 13.6 Force majeure. Neither party is liable for delay caused by events beyond reasonable control, except payment obligations. 13.7 Entire agreement. These Terms, the Docshark Privacy Notice, Acceptable Use Policy, E-Signature Notice, Order Form, and Documentation constitute the entire agreement regarding the Site unless a separate written MSA states otherwise. Order of precedence: Order Form, then service-specific schedules, then these Terms. 13.8 Severability. If a provision is unenforceable, the remainder stays in effect. 13.9 Contact. Questions: [email protected]. Privacy: [email protected].