These Portal and E-Signature Terms of Use (“Terms”) apply when you use Clasp’s client portal, payment, or e-signature features at the invitation of a law firm or other Clasp customer (the “Firm”), including as a client, a third party, or another signer. Clasp Legal Technologies, Inc. (“Clasp,” “we,” or “us”) provides the software the Firm uses (the “Service”). By accessing or using these features, you agree to these Terms. If you do not agree, do not use them. If you use the Service as an authorized user of a Clasp customer’s account, such as an attorney or staff member of the Firm, the Clasp Master Services Agreement governs your use instead of these Terms.
1. Clasp Is Not Your Lawyer
Clasp is a software provider. Clasp does not provide legal advice, is not a party to your relationship with the Firm, and does not have an attorney-client relationship with you. Questions about a matter, invoice, or document should go to the Firm that sent it.
2. The Firm Controls Your Information
The Firm decides what information is shared with you through the Service and controls the information you provide, which Clasp processes on the Firm’s behalf. Clasp’s Privacy Policy describes how Clasp handles information. Requests to access, correct, or delete your information should go to the Firm.
3. Using the Service
You will keep your login and any links sent to you secure, provide accurate information, and use the Service only for lawful purposes and in line with Clasp’s Acceptable Use Policy. Clasp may suspend or end your access at any time, including at the Firm’s request.
4. Payments
Payments are processed by a third-party payment processor under its own terms. Clasp does not hold or control your funds and does not process refunds. Refunds, disputes, and billing questions are between you and the Firm and are handled through the payment processor.
5. Electronic Signatures and Records
You agree to receive documents and records electronically and to sign them electronically through the Service. Your electronic signature has the same effect as a handwritten signature. You need an internet-connected device with a current web browser to use these features. You may ask the Firm for a paper copy of any document, and you may withdraw your consent to sign electronically by telling the Firm before you sign; withdrawal does not affect documents already signed. Download and keep copies of signed documents, because your access may end, for example if the Firm closes its account. Clasp does not verify signers’ identities and does not guarantee that any signed document is enforceable.
6. Text Messages
If you agree to receive text messages from the Firm, the Firm sends them through Clasp. Message frequency varies, and message and data rates may apply. Reply STOP to opt out or HELP for help. Consent to receive text messages is not a condition of any purchase.
7. Disclaimers
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Clasp and its affiliates, owners, directors, officers, employees, contractors, and agents (the “Clasp Parties”) disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
8. Limitation of Liability
To the maximum extent permitted by law, the Clasp Parties will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of data, profits, or funds, and their total liability for all claims relating to the Service or these Terms will not exceed one hundred U.S. dollars (US $100). No Clasp Party other than Clasp has any personal liability to you.
9. Indemnity
You will indemnify and hold harmless the Clasp Parties from any claim arising from your misuse of the Service or your violation of these Terms or the law.
10. Disputes
These Terms are governed by the laws of the State of Delaware. Any dispute with Clasp will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that either party may bring an individual claim in small claims court. You and Clasp waive any right to a jury trial and to participate in a class or representative action.
11. Changes
Clasp may update these Terms at any time by posting the updated version. Your continued use of the Service after an update means you accept it.
12. Contact
Questions about these Terms can be sent to hello@clasplegal.com.