Monitored company
Docusign (UK)
clause.watch tracks 1 legal document published by Docusign (UK), re-reading each one every six hours. Below is what each document covers, in plain English.
Terms
DocuSign Terms: Key User Takeaways
*This overview summarizes the provided Terms and is not legal advice. Important details—especially privacy rights, security, retention, and AI controls—are incorporated by reference through DocuSign’s Privacy Notice, Data Protection Attachment, AI Attachment, Reasonable Use Policy, Subscription Plan, and Service Schedules.*
1. Data Collection and Use
DocuSign may process:
- Information you provide when registering or using the Site, such as account, contact, billing, payment-method, username, and business information.
- Customer Data: documents and other data uploaded for processing through DocuSign Services. This is treated as your confidential information, subject to the Data Protection Attachment and applicable corporate agreement.
- User Content: public or other content you post, such as comments, feedback, ideas, questions, and messages. This excludes documents uploaded for processing.
- Usage Data: diagnostic, operational, usage, performance, and derived insights relating to use of the Services.
- Communications information, including email, SMS, in-product, push-notification, marketing, and support communications.
DocuSign may use data to provide, operate, secure, support, administer, analyze, and improve the Site and Services; prevent fraud; assess risk; provide customer support; conduct analytics and advertising; manage accounts; perform industry benchmarking; and comply with law.
Usage Data is owned by DocuSign and may be used for business purposes. Disclosed Usage Data must be de-identified and aggregated under these Terms. The Privacy Notice may contain additional purposes, retention periods, cookies, international-transfer information, and data-rights procedures.
2. User Rights
The Terms themselves do not provide a detailed list of privacy rights or a direct deletion/access procedure. They state that processing is governed by the Privacy Notice, Data Protection Attachment, or applicable Corporate Terms.
Depending on location and role, users may have rights such as access, correction, deletion, restriction or objection to processing, portability, and withdrawal of consent. Business customers may control Customer Data, while individual end users may need to submit requests through the relevant Customer account administrator.
You consent to electronic communications. Marketing emails may be unsubscribed from, but operational, transactional, and service notices may still be sent electronically.
3. Third-Party Sharing
DocuSign may share information with:
- Affiliates, attorneys, auditors, consultants, and service providers under confidentiality obligations.
- Resellers or program partners for account management, support, benefit eligibility, or usage verification.
- Law enforcement, courts, government agencies, or other organizations when reasonably necessary to comply with legal process, investigate suspected illegal activity, address safety threats, enforce the Terms, or protect rights and property.
- Third-party providers involved in app-store purchases, integrations, or linked services.
DocuSign disclaims responsibility for third-party websites, products, services, advertisements, and dealings accessed through the Site. Review the Privacy Notice and Data Protection Attachment for processor lists, international transfers, and security commitments.
4. AI/ML Training
Potentially yes. For DocuSign Services using or integrating AI, the AI Attachment includes consent to use Customer Data to improve DocuSign and AI Services, including to train AI algorithms and machine-learning models.
The Terms state that customers may opt out through DocuSign’s AI Data Controls Settings FAQ. Users should confirm:
- Whether the particular product uses AI;
- Whether documents, metadata, or outputs are included;
- Whether opting out applies prospectively or retroactively; and
- Whether the customer—not an individual end user—must make the election.
Separately, users are prohibited from using DocuSign content, data, output, models, or derived information to create, train, test, or improve competing or substantially similar AI systems.
5. Key Obligations and Restrictions
Users must:
- Be legally eligible and authorized to accept the Terms.
- Use the Site only for internal business purposes and within subscription limits.
- Protect account credentials and promptly report unauthorized access.
- Ensure uploaded data and documents comply with applicable laws and third-party rights.
- Use unique accounts for Authorized Users; sharing one user identity is prohibited.
- Avoid unlawful, abusive, infringing, deceptive, security-threatening, scraping, reverse-engineering, automated, benchmarking, resale, or competitive uses.
- Pay subscription fees, taxes, renewals, and possible overage charges. Plans automatically renew unless cancelled at least five business days before renewal.
Free-trial data may be permanently lost unless exported or converted to an eligible paid plan.
6. Liability and Disputes
DocuSign provides the Site generally “as is” and “as available,” disclaims broad warranties, and disclaims responsibility for outages, errors, unauthorized access, viruses, and data loss.
Except where law prevents it:
- DocuSign excludes consequential, incidental, punitive, special, and similar damages, including lost profits and business interruption.
- Liability is generally capped at amounts paid for the relevant Services during the prior 12 months, or $100, whichever is greater.
- Users must defend and indemnify DocuSign against many third-party claims arising from use, uploaded content, legal violations, or infringement.
Most disputes require informal resolution followed by binding JAMS arbitration in San Francisco, with no jury trial or class action. Intellectual-property claims may be brought in court. Some countries and consumer laws override these provisions.
7. Changes
DocuSign may revise the Terms by posting a new version and “last updated” date. Continued use after the effective date constitutes acceptance, and users are expected to check regularly.
Prices and features may change; fee or feature changes generally receive at least 30 days’ advance notice. Special consumer protections in jurisdictions such as Australia, the UK, Germany, and France may require more notice, consent, cancellation rights, or refunds.
Change history
Between 2024-09-16 and 2025-08-12 · Terms
Summary of Important Changes
1. AI Training and Use of Customer Data
- No express new authorization to train AI models appears in this diff.
- The data provisions remain materially the same:
- Customer Data is treated as the Customer’s Confidential Information.
- Docusign may process personal data in accordance with its Privacy Notice.
- Docusign owns Usage Data, defined as data generated or derived from use and operation of the Docusign Services.
- Customers grant rights concerning feedback, and feedback is expressly excluded from Customer Confidential Information.
- Risk: Although the diff does not add an AI-training right, the broad ownership and use rights for Usage Data could potentially encompass aggregated, derived, or operational data used to improve products, including AI-related services. The Terms do not clarify whether Customer Data, Usage Data, prompts, documents, signatures, or other content may be used to train, fine-tune, evaluate, or improve AI models.
- Customers should review the linked Privacy Notice, Additional Service Terms, and any product-specific AI terms for separate data-use or model-training permissions.
2. Arbitration and Dispute Resolution
- The opening notice now expressly highlights:
- Binding arbitration;
- Waiver of jury trials; and
- Waiver of class actions.
- The arbitration language appears reorganized, including removal of the separate heading for the intellectual-property litigation exception, while retaining an exception allowing court proceedings to protect intellectual-property rights.
- Risk: Customers may have limited ability to bring claims in court, before a jury, or collectively with other customers. The revised structure should be checked to confirm that the intellectual-property exception has not unintentionally narrowed or altered other court remedies.
3. United Kingdom Consumer Terms
The most substantial substantive change is the replacement of the prior UK consumer provisions with a new liability framework:
- The prior language expressly preserved statutory consumer rights, including services performed with reasonable skill and care.
- The new language states that Docusign is liable for foreseeable loss or damage caused by breach or negligence, but not unforeseeable loss.
- Docusign disclaims liability for:
- Loss of profit;
- Loss of business;
- Business interruption; and
- Loss of business opportunity.
- Docusign states that services are supplied only for domestic and private use, prohibits commercial or business use by consumers, and limits maximum liability to £100, subject to specified statutory exceptions.
- Liability cannot be excluded for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or matters that cannot lawfully be excluded.
Risk: The £100 cap and prohibition on business use significantly limit remedies for UK consumers, although enforceability remains subject to mandatory consumer-protection law.
4. Other Changes
- Numerous edits are formatting, punctuation, quotation-mark, apostrophe, or cross-reference corrections.
- The document’s “last updated” date was removed from the heading, which may make version tracking more difficult.
2025-01-13 · Terms
The publisher records this document as revised on this date (“updated on: January 13, 2025”).