Monitored company
Docusign (US)
clause.watch tracks 3 legal documents published by Docusign (US), re-reading each one every six hours. Below is what each document covers, in plain English.
Privacy Notice
Privacy Notice Overview — DocuSign
Version date: October 9, 2025
> This is a practical summary, not legal advice. The notice contains some formatting gaps and references sections that are not fully reproduced, so users should review the complete version and any applicable customer agreement.
1. Data Collection and Use
DocuSign may collect:
- Identity and contact data: name, email, phone number, address, job title, employer, country, electronic signature, and profile information.
- Account and transaction data: account details, documents and envelope information, payment or commercial information, timestamps, parties involved, and records of who initiated, viewed, or signed a document.
- Device and usage data: IP address, device identifiers and attributes, browser information, usage patterns, cookies, web beacons, pixels, and similar tracking data.
- Location data: approximate location based on IP address or Wi-Fi, and potentially precise GPS location with consent and device permission.
- Communications and user content: support requests, comments, survey responses, community posts, and information submitted about other people.
- Information from other sources: publicly available professional contact details and data from partners or other sources.
DocuSign uses this information to:
- Provide, maintain, secure, troubleshoot, and improve its Services.
- Process payments and manage accounts.
- Record and validate electronic transactions and signatures.
- Prevent fraud, unauthorized access, and other misconduct.
- Meet legal, regulatory, retention, and litigation obligations.
- Conduct analytics, research, product development, marketing, tailored advertising, surveys, contests, and referral programs.
Processing may rely on contract performance, legitimate interests, legal obligations, or consent, depending on the circumstances and applicable law.
Important customer-relationship distinction
When an organization uses DocuSign and uploads documents, DocuSign generally acts as the organization’s data processor, while the organization is the data controller. In that situation, users should usually direct privacy requests to their employer, customer, or the party requesting their signature. DocuSign may forward requests to that organization.
2. User Rights and Choices
Subject to local law, users may have the right to:
- Access personal information and obtain details about its sources, uses, recipients, and retention.
- Correct inaccurate, incomplete, or outdated information.
- Delete information.
- Restrict or object to processing.
- Receive or transfer data in a portable format.
- Withdraw consent where processing is consent-based.
- Opt out of direct marketing.
- Opt out of “sales” or targeted/cross-context behavioral advertising through the “Your Privacy Choices” link.
- Submit complaints to a local data protection authority and, where applicable, appeal a denied request.
DocuSign may require identity verification or authorization documents for requests. Deletion may make some Services unavailable, and certain information may be retained for legal, contractual, security, or technical reasons.
California residents receive additional CCPA rights, including access, deletion, correction, opt-out of sale/sharing, authorized-agent requests, and nondiscrimination for exercising rights.
3. Third-Party Sharing
Information may be disclosed to:
- Other transaction participants and DocuSign users who are given access to documents or profiles.
- Employers or organizations associated with a business email account, which may be able to find or affect the account.
- Affiliates, service providers, customer-support providers, payment processors, and security or legal-service providers.
- Advertising, analytics, marketing, and remarketing partners.
- Parties involved in a business sale, merger, asset transfer, legal claim, fraud investigation, or law-enforcement matter.
- Others with the user’s consent.
Comments, forum posts, and certain profile information may be public or visible to other users. Third-party websites and apps linked through DocuSign are governed by their own policies.
Data may be transferred internationally, including to the United States and other countries, using mechanisms such as Binding Corporate Rules or Standard Contractual Clauses where required.
4. AI and Machine-Learning Training
DocuSign states that it generally avoids training AI models with personal information entered by customers. However, it may use de-identified Customer Data, usage data, and transactional data to build, train, and maintain AI models that power certain Services with customer consent or where otherwise permitted by law.
De-identification reduces identification risk, but the notice does not guarantee that re-identification is impossible. Customers should review their contracts and consent settings, particularly for sensitive documents.
5. Key User Responsibilities and Restrictions
Users should:
- Provide accurate information and maintain account security.
- Obtain appropriate permission before submitting information about others.
- Avoid posting confidential information in public comments or forums.
- Review and manage cookie, marketing, profile, location, and privacy settings.
- Not use the Services if under 18 or the applicable age of majority.
- Understand that refusing required data, electronic signatures, cookies, or permissions may limit functionality.
6. Liability and Disputes
This Privacy Notice contains no detailed warranty disclaimer, liability cap, indemnity provision, arbitration clause, governing-law clause, or dedicated dispute-resolution process. It states that DocuSign may use information to establish, exercise, or defend legal rights and resolve disputes.
Those issues may instead be governed by DocuSign’s Terms, customer agreements, Master Services Agreement, or other contractual documents. Security measures are described, but the notice does not promise that data breaches or unauthorized access can never occur.
7. Changes to the Notice
DocuSign may change the Notice because of legal, business, Service, processing, or technology changes. It may notify users by posting the revised version on the same webpage. The applicable notice is generally the one in effect when information is used, so users should periodically review it.
Terms
DocuSign Terms: Key User Takeaways
*This summary is informational, not legal advice. The Terms primarily target business customers; consumer rights may differ by country.*
1. Data Collection and Usage
The Terms do not provide a complete list of personal data collected. Instead, they incorporate DocuSign’s Privacy Notice and, for DocuSign Services, a Data Protection Attachment. Those documents should be reviewed for details such as account, contact, usage, device, payment, communications, and document-related data.
Key points in these Terms:
- You are responsible for ensuring that data you provide or process through DocuSign complies with applicable laws and that you have the necessary permissions and consents.
- “Customer Data” means data uploaded to the DocuSign Services. It is treated as the Customer’s confidential information.
- DocuSign may collect and use Usage Data, including diagnostic information, operational information, and insights derived from use of the Services.
- DocuSign owns Usage Data and may use it for support, account management, analytics, benchmarking, industry analysis, and developing or improving products and services. Disclosed Usage Data must be de-identified and aggregated.
- DocuSign may monitor or review Site activity for service operation, fraud prevention, risk assessment, investigations, customer support, analytics, advertising, enforcing the Terms, and legal compliance.
- DocuSign may retain information from terminated accounts for fraud prevention, dispute resolution, investigations, and legal compliance.
2. User Rights
The Terms themselves provide limited direct data rights. They generally direct users to the Privacy Notice and Data Protection Attachment for applicable rights and procedures.
Depending on jurisdiction and whether you are a consumer or business user, those documents and local law may provide rights to:
- Access, correct, delete, or restrict processing of personal data;
- Object to certain processing or withdraw consent;
- Request data portability; and
- Complain to a data-protection regulator.
The Terms expressly allow electronic communications, including email, SMS, push notifications, and in-product notices. Marketing emails may be stopped through DocuSign’s preference center, but service and account communications may still be sent.
3. Third-Party Sharing
DocuSign may share information:
- With affiliates, attorneys, auditors, consultants, and service providers subject to confidentiality obligations;
- With law enforcement, courts, government agencies, or other organizations when reasonably necessary to comply with legal process, investigate suspected illegality, protect safety, enforce the Terms, or protect DocuSign, users, or the public;
- With resellers or program partners for account management, support, benefit eligibility, and related usage verification;
- Through third-party integrations, app stores, or linked services, which may have their own terms and privacy practices.
The Terms do not promise that all data remains within a particular country or region. Review the Privacy Notice and Data Protection Attachment for transfer and processor details.
4. AI/ML Training
AI training is not categorically prohibited. Section 4.3 states that Services using or integrating with AI may be governed by an AI Attachment that can include consent to use Customer Data to improve DocuSign and AI Services, including training AI and machine-learning models.
Users may be able to opt out through DocuSign’s AI Data Controls Settings FAQ. The exact default, scope of training, retention, and opt-out effect are not stated in these Terms, so customers should verify those separate AI terms and settings before uploading sensitive information.
Separately, users may not use DocuSign’s systems, models, outputs, or other derived information to build, train, test, or improve competing or substantially similar AI systems.
5. Key Obligations and Restrictions
Users must:
- Be legally eligible and comply with export controls and sanctions laws;
- Use the Site only for authorized internal business purposes;
- Protect account credentials and promptly report unauthorized use;
- Use unique accounts and comply with subscription limits, usage metrics, and reasonable-use policies;
- Ensure uploaded documents and data are lawful and do not infringe others’ rights.
Prohibited conduct includes scraping, reverse engineering, bypassing security, transmitting malware, impersonation, unauthorized account access, unlawful or abusive content, benchmarking, commercial resale, and competitive use.
Customers are responsible for activity through their accounts, potentially including unauthorized third-party use.
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, data loss, and third-party content to the fullest extent permitted by law.
Generally:
- Consequential, incidental, punitive, special, and similar damages are excluded.
- DocuSign’s aggregate liability is capped at amounts paid for the relevant Services during the preceding 12 months, or $100, whichever is greater.
- Customers must indemnify DocuSign for third-party claims arising from their use, breach, uploaded content, 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 are excluded. Certain consumer and country-specific exceptions apply.
7. Changes and Cancellation
DocuSign may revise the Terms by posting an updated version and date. Continued use after the effective date constitutes acceptance; users are expected to check regularly.
Subscription prices and features may change, generally with at least 30 days’ notice before changes take effect. Subscriptions automatically renew unless canceled at least five business days before the term ends. Payments are generally nonrefundable, and overage charges may apply.
Free-trial data may be permanently lost unless the user converts to an eligible paid plan or exports it before the trial ends.
Terms of Use
DocuSign Terms of Use: Key User Takeaways
> Scope: These Terms primarily target business customers and business use. Additional service schedules, corporate agreements, the Privacy Notice, Data Protection Attachment, AI Attachment, and country-specific terms may change the result. This is a practical summary, not legal advice.
1. Data Collection and Usage
- You are responsible for ensuring that data you provide or upload complies with applicable privacy and data-protection laws.
- Information collected or provided through the Site is generally processed under DocuSign’s separate Privacy Notice and, for DocuSign Services, the Data Protection Attachment.
- “Customer Data” includes data uploaded to the DocuSign Services. It is treated as the customer’s confidential information, subject to the confidentiality provisions.
- DocuSign may collect, generate, store, and use Usage Data, including diagnostic information, service-operation information, account-management information, analytics, and insights derived from use of the Services.
- DocuSign owns Usage Data and may use it for support, account management, industry analysis, benchmarking, analytics, and developing or improving products. Disclosed Usage Data is stated to be de-identified and aggregated.
- User-posted content—such as public comments, feedback, ideas, or questions—is treated differently from uploaded documents. Posting it grants DocuSign a broad, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, distribute, and create derivative works from it.
Practical risk: The Terms do not themselves provide a complete description of categories of personal data, retention periods, international transfers, or all data rights. Users should review the linked Privacy Notice and applicable Data Protection Attachment before uploading sensitive information.
2. User Rights Regarding Data
The Terms do not establish a detailed standalone data-access, correction, deletion, portability, or objection process. Those rights, if available, are principally governed by:
- Applicable privacy law;
- The Privacy Notice;
- The Data Protection Attachment; and
- Any Corporate Terms or service-specific terms.
DocuSign may retain certain information after terminating an account where it believes retention is necessary for fraud prevention, dispute resolution, investigations, or legal compliance.
Users may opt out of email marketing through DocuSign’s preference center. However, the Terms broadly authorize electronic service communications, including email, SMS, push notifications, and in-product notices. Marketing opt-out does not necessarily stop operational or account-related messages.
3. Sharing with Third Parties
DocuSign may access, preserve, or disclose information when reasonably necessary, in good faith, to:
- Investigate or prevent suspected illegal activity;
- Comply with subpoenas, court orders, or other legal process;
- Address threats to someone’s physical safety;
- Investigate violations of the Terms or Privacy Notice;
- Protect DocuSign, its users, employees, or the public; or
- Respond to alleged third-party rights violations.
Information may be shared with law enforcement, government agencies, courts, and other organizations. Confidential information may also be disclosed to affiliates, attorneys, auditors, consultants, and service providers on a need-to-know basis under confidentiality duties.
If a subscription is purchased through a reseller or program partner, DocuSign may share account information and selected Usage Data for account management, support, or benefit eligibility.
4. AI/ML Training
The Terms do not provide a universal “no training” promise.
For DocuSign Services using or integrating AI, the separate AI Attachment may authorize use of Customer Data to improve DocuSign and AI Services, including training AI algorithms and machine-learning models. The Terms state that users can opt out through DocuSign’s AI Data Controls Settings FAQ.
Practical step: Customers handling confidential, regulated, or personal data should confirm the default AI setting and opt out where appropriate.
5. Key User Obligations and Restrictions
Users must:
- Be legally eligible and authorized to bind their business;
- Use the Services only for lawful, internal business purposes;
- Protect account credentials and promptly report unauthorized access;
- Use unique accounts for individual Authorized Users;
- Stay within subscription limits and pay overage charges;
- Obtain appropriate confidentiality and privacy permissions for uploaded data and non-employee users.
Prohibited conduct includes unauthorized access, scraping, reverse engineering, security circumvention, malware, impersonation, infringement, harassment, commercial misuse, benchmarking, competitive use, and using DocuSign outputs or systems to create, train, test, or improve competing AI systems.
Subscriptions generally auto-renew unless cancelled at least five business days before the term ends. Payments are generally non-refundable.
6. Liability and Disputes
- Services are provided largely “as is” and “as available.”
- DocuSign disclaims many warranties and responsibility for outages, errors, unauthorized access, data loss, viruses, and third-party content.
- Liability is generally capped at the greater of amounts paid for the relevant Services during the preceding 12 months or $100.
- Consequential, incidental, punitive, lost-profit, business interruption, and similar damages are broadly excluded, subject to mandatory local law.
- Users must indemnify DocuSign for many third-party claims connected with their use, breaches, uploaded content, or infringement.
- U.S. disputes generally require informal negotiation followed by binding JAMS arbitration in San Francisco, with no jury trial or class action. Country-specific consumer protections may override these provisions.
7. Changes to the Terms
DocuSign may revise the Terms by posting updated terms and a “last updated” date. Continued use after the effective date constitutes acceptance, so users are expected to check the Site regularly. Subscription fee or feature changes generally require at least 30 days’ advance notice. Certain jurisdictions, including Germany, the UK, and Australia, provide stronger notice or termination rights for adverse changes.
Change history
2026-09-05 · Privacy Notice
2026-09-04 · Privacy Notice
2026-09-04 · Privacy Notice
2026-08-30 · Privacy Notice
2026-08-30 · Privacy Notice
2026-08-28 · Privacy Notice
2026-08-28 · Privacy Notice
2026-08-24 · Privacy Notice
2026-08-21 · Privacy Notice
2026-08-21 · Privacy Notice
2026-08-20 · Privacy Notice
2026-08-18 · Privacy Notice
2026-08-18 · Privacy Notice
Between 2024-12-29 and 2025-05-14 · Terms
Summary
The diff indicates that approximately 143 words were removed from the document, but it does not identify which words, clauses, or sections were deleted.
Legal significance
Because the deleted text is not provided, it is not possible to determine whether the changes affect:
- Customer data ownership or licensing rights
- Confidentiality and security obligations
- Permitted uses of customer data
- Data retention or deletion requirements
- Disclosure to affiliates, vendors, or subprocessors
- Liability, indemnification, or audit rights
- Termination rights or post-termination data handling
- Governing law or dispute resolution
Removing language can either reduce obligations or eliminate protections. For example, deletion of restrictions, consent requirements, or security commitments could materially increase the provider’s rights or reduce the customer’s remedies.
AI training and model-development implications
The supplied diff contains no specific language showing whether customer data may be:
- Used to train, fine-tune, or improve artificial-intelligence models
- Used to create or improve shared or general-purpose models
- Retained for model-development purposes after termination
- De-identified or aggregated before such use
- Shared with AI vendors or subprocessors
- Excluded from training unless the customer opts in or gives consent
Accordingly, no conclusion can be reached about whether the contract’s AI-training terms changed. The deleted 143 words could potentially have contained either a restriction on AI training or an authorization permitting it.
Recommended follow-up
Obtain a redline showing the actual deleted language, or provide the full before-and-after versions. Particular attention should be given to deleted terms containing:
- “train,” “training,” “fine-tune,” “improve,” or “develop”
- “models,” “machine learning,” “artificial intelligence,” or “generative AI”
- “customer data,” “content,” “inputs,” or “outputs”
- “aggregated,” “de-identified,” or “anonymized”
- “service improvement” or “ product improvement”
Without the text of the deletion, the principal risk is uncertainty: a potentially important customer-data or AI-use provision may have been removed, but its effect cannot be reliably assessed.
2025-01-13 · Terms
The publisher records this document as revised on this date (“updated on: January 13, 2025”).
Between 2024-06-21 and 2024-12-29 · Terms
Summary of Important Changes
1. Updated Terms and Contract Administration
- The document now states a “Last updated on: January 13, 2025” date.
- Minor drafting and formatting changes were made throughout, including standardized quotation marks, apostrophes, defined-term formatting, and corrected section references.
- The Terms continue to permit Docusign to update them by posting revised terms online. Customers should monitor the website because continued use may constitute acceptance, depending on the applicable provisions and jurisdiction.
2. Customer Data, Privacy, and AI Model Training
- The diff confirms that Customer Data remains the customer’s Confidential Information, subject to the confidentiality provisions.
- The Terms continue to state that the customer consents to Docusign’s processing of personal data under the Docusign Privacy Notice, which is incorporated by reference through an external web link. This may allow processing practices to change when the Privacy Notice changes, subject to applicable law.
- Usage Data—data generated or derived from use and operation of the Docusign Services—remains owned by Docusign. The excerpt states that Docusign “may” use Usage Data, but does not show the complete permitted-use language.
- No express new authorization to train AI models is visible in this diff. The changes shown do not clearly add or remove a provision authorizing Docusign to use Customer Data, User Content, or confidential documents to train generative-AI or other machine-learning models.
- Nevertheless, customers should distinguish between Customer Data and Usage Data. If Docusign’s broader Usage Data rights include content-derived information, aggregated data, de-identified data, or service-improvement activities, those rights could potentially support AI development unless restricted elsewhere in the Service Schedules, Data Processing Addendum, or Privacy Notice.
- Recommended review: the complete text of Section 4.7.2, the applicable Service Schedule, DPA, AI-specific terms, and Privacy Notice for any language concerning model training, prompts, outputs, de-identification, retention, or human review.
3. Arbitration and Dispute Resolution
- The arbitration section now expressly adds an exception allowing either party to pursue litigation concerning intellectual-property rights, including patents, copyrights, trademarks, trade secrets, and moral rights.
- Privacy and publicity rights are expressly excluded from that definition, so privacy-related disputes may remain subject to mandatory arbitration.
- A specific arbitration-demand email address—legal@docusign.com—has been added.
- The arbitration, class-action waiver, and jury-trial waiver provisions expressly survive termination.
4. Liability and Consumer Provisions
- The Australian consumer provisions have been substantially reorganized and clarified:
- Refund rights may apply where Services are not provided in conformity with the Terms.
- Statutory consumer guarantees and rights, including reasonable skill and care, are preserved.
- The liability language is reframed around foreseeable loss and consequential damages.
- The prior specific damages-cap provision is deleted and replaced with these revised rules.
- These protections appear primarily directed at consumers and may not benefit business customers.
5. Commercial-Use Restriction
- For the relevant consumer terms, the customer agrees not to use the Services for commercial or business purposes, and Docusign disclaims liability for resulting losses. Businesses should ensure that their agreement is governed by the appropriate corporate or enterprise terms instead.
Between 2022-06-02 and 2023-04-07 · Terms
Summary
The diff indicates that approximately 143 words were removed, but it does not identify which provisions were deleted or provide the surrounding text.
Key Legal Implications
- Scope of review is limited: Without the deleted language, it is not possible to determine whether the changes affect liability, confidentiality, intellectual property, data security, termination rights, or other legal obligations.
- Potential loss of protections: Deleted language may have removed customer protections, service-provider obligations, warranties, indemnities, audit rights, or restrictions on data use.
- Possible change in risk allocation: If limitations of liability, disclaimers, or compliance obligations were removed, the parties’ relative legal and financial exposure may have changed.
- Interpretation risk: A deletion can sometimes broaden an existing provision by eliminating a limitation or exception, even if no replacement language was added.
Customer Data and AI Training
- The available diff does not reveal whether any language concerning AI, machine learning, model training, data analytics, or use of customer data was removed.
- It is therefore impossible to confirm whether the contract now:
- permits or restricts using customer data to train AI models;
- permits use of prompts, inputs, outputs, or personal information for training;
- requires de-identification or aggregation;
- limits data retention or human review;
- gives the customer an opt-out or consent right; or
- requires deletion of data from training datasets or models.
Recommended Follow-Up
Obtain either:
1. the full before-and-after contract text; or
2. the exact 143 words that were removed, including the relevant section headings and surrounding provisions.
Until then, the deletion should be treated as an unresolved contractual risk, particularly if the removed text addressed customer-data confidentiality or restrictions on AI model training.
Between 2018-04-21 and 2018-09-27 · Privacy Notice
Between 2016-01-05 and 2017-01-01 · Privacy Notice
Between 2014-07-22 and 2016-01-05 · Privacy Notice
Between 2014-08-12 and 2014-12-30 · Terms of Use
Summary
The provided diff does not include the actual amended contract language. It only states:
> “Added approximately 143 words to the document”
Because the added, deleted, and replaced wording is not shown, it is not possible to determine:
- What contractual provisions changed;
- Whether customer data may be used to train, fine-tune, or improve AI models;
- Whether data may be shared with affiliates, service providers, or third parties;
- Whether the customer retains ownership or control of its data;
- Whether confidential information, personal data, or prompts and outputs are covered;
- Whether the provider may use data after termination;
- Whether opt-out, deletion, security, or retention rights have changed; or
- Whether liability, indemnity, or compliance obligations have been expanded.
AI-Training Risk Assessment
No reliable assessment can be made from the information provided. The added language should be reviewed specifically for terms such as:
- “train,” “fine-tune,” “improve,” or “develop” models or services;
- “de-identified,” “aggregated,” or “anonymized” data;
- customer inputs, prompts, outputs, usage data, telemetry, or feedback;
- rights granted to affiliates, contractors, or third-party AI providers;
- perpetual, irrevocable, worldwide, royalty-free, or sublicensable licenses;
- rights to retain or use data after account termination; and
- exclusions or limitations on confidentiality, deletion, or security commitments.
Required Information
Please provide the actual redlined text, including the approximately 143 added words and any deleted or replacement language. Without that text, identifying legal risks would be speculative.
Between 2014-04-21 and 2014-08-12 · Terms of Use
Summary
The provided diff only states that approximately 143 words were removed. It does not identify the deleted language or show any replacement text.
AI Training and Data Use
- No conclusion can be drawn about whether the agreement now permits or restricts using customer data to train AI models.
- The removed language could have addressed:
- Whether customer data, prompts, outputs, or usage information may be used for model training;
- Whether data is used to improve services or develop models;
- Whether training is conducted using de-identified, aggregated, or identifiable data;
- Customer opt-out or consent rights;
- Ownership of customer data, inputs, and outputs;
- Confidentiality, retention, deletion, or security obligations; or
- Use of data by service providers or subprocessors.
- If the deleted language limited AI training, its removal could materially expand the provider’s ability to use customer data. Conversely, if it granted training rights, its removal could restrict that use. The direction of the change cannot be determined without the actual text.
Other Legal Risks
The deletion may also affect important provisions concerning:
- Data protection and privacy compliance;
- Confidentiality;
- Intellectual-property ownership and licenses;
- Liability, indemnification, or warranties;
- Data retention and deletion;
- Audit or transparency rights; and
- Termination consequences.
Conclusion
No reliable substantive legal analysis is possible from the information provided. The full deleted text and any surrounding or replacement language are required to determine the actual changes, particularly any change to customer-data use for AI model training.
Between 2011-07-23 and 2014-07-22 · Privacy Notice
Between 2013-08-31 and 2014-04-21 · Terms of Use
Summary of Important Changes
1. AI Model Training and Use of Customer Data
- No express change authorizing or prohibiting AI training is visible in this diff. The redlined language does not add a specific right to use Customer Data—such as documents, signatures, form contents, or other uploaded information—to train, fine-tune, or improve artificial-intelligence models.
- The existing provisions remain important:
- Customer Data is treated as the customer’s Confidential Information.
- Docusign may process personal data in accordance with its Privacy Notice, and the customer gives consent to that processing.
- Docusign owns Usage Data, meaning data generated or derived from use and operation of the services.
- Risk: The distinction between Customer Data and Usage Data may allow Docusign to use aggregated, derived, or operational data for analytics, service improvement, or potentially AI-related purposes, depending on the Privacy Notice or other incorporated terms. The diff does not clarify whether Usage Data can include information extracted from customer content or whether customer content may be used for model training.
- Customers should review the current Privacy Notice, service schedules, data-processing terms, and any separate AI terms for a definitive training restriction or authorization.
2. New Effective-Date Notice
- The document now states: “Last updated on: January 13, 2025.”
- This makes the revision date clearer but does not itself change substantive rights.
3. Arbitration and Intellectual-Property Litigation
- A new provision expressly states that either party may litigate claims involving intellectual-property rights—including patents, copyrights, moral rights, trademarks, and trade secrets—instead of arbitrating them.
- Privacy and publicity rights are expressly excluded from the definition of intellectual-property rights.
- The arbitration section now states that it survives termination of the customer’s use of the Site or supplied information.
- The arbitration demand address is updated to legal@docusign.com.
- Risk: Customers may face court litigation for IP disputes despite the otherwise broad mandatory-arbitration requirement. Arbitration and class-action waiver obligations continue after termination.
4. Australia-Specific Consumer Terms
- The Australian provisions are substantially reorganized and clarified:
- Refund rights apply where services are not provided in conformity with the Terms or where required by consumer law.
- Statutory consumer rights, including services performed with reasonable skill and care, are preserved.
- Liability for foreseeable loss caused by breach or negligence is addressed.
- The prior specific damages cap is replaced with this revised liability framework.
- Risk: The revised language may produce different liability exposure and remedies for Australian consumers and should be reviewed in the context of the full local terms.
5. Commercial-Use Restriction
- The Australia section now expressly says the services are supplied for domestic and private use, not commercial or business purposes, and excludes liability for associated losses.
- Risk: Business users may be outside the intended contractual scope and may lose important remedies under these consumer-specific provisions.
Between 2012-07-02 and 2013-08-31 · Terms of Use
Summary of Important Changes
1. AI Training and Use of Customer Data
- No explicit change to AI-model training is shown in this diff. The diff does not add or remove language expressly authorizing Docusign to use Customer Data, User Content, or other customer information to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.
- The existing provisions appear to remain in place:
- Customer Data remains the customer’s confidential information, subject to the confidentiality provisions.
- Usage Data remains owned by Docusign. Usage Data is described as information generated or derived from use and operation of the Docusign Services.
- Docusign retains rights to process personal data under its Privacy Notice.
- Customer feedback may be used by Docusign and is expressly excluded from Customer Confidential Information.
- Risk: Although no AI-training permission is added here, the broad concepts of Usage Data, service operation, analytics, improvement, and the Privacy Notice may still be relevant to AI-related processing. The Privacy Notice and applicable service schedules should be reviewed separately for any AI-training rights or restrictions.
2. Consumer Terms—United Kingdom
The most substantive amendment appears to revise the UK consumer provisions in Section 11.17:
- The prior wording preserved statutory consumer rights, including the right to receive services performed with reasonable skill and care, and provided a refund remedy for non-conforming services.
- The revised wording instead states that:
- Liability cannot be excluded for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or matters that cannot legally be excluded.
- Docusign is liable only for foreseeable loss or damage caused by breach or negligence.
- Services are supplied only for domestic and private use, not commercial or business purposes.
- Docusign excludes liability for loss of profit, business interruption, loss of business, and loss of business opportunity.
- Subject to the stated exceptions, maximum liability is capped at £100.
- The previous reference to deleting Section 4.6.7’s specific cap is replaced by this new UK-specific liability regime.
Risk: For UK consumers, the £100 cap and exclusion of business-related losses significantly limit recovery, particularly if the service is used in a business context. The domestic-use restriction may also create uncertainty or deny protection where a customer’s use is partly commercial. Mandatory statutory rights should nevertheless prevail where they cannot legally be excluded.
3. Dispute Resolution and Drafting Changes
- The introduction now more prominently highlights binding arbitration, waiver of jury trial, and waiver of class actions.
- The arbitration section has been reorganized and renumbered. The wording concerning an intellectual-property litigation exception and survival of arbitration provisions appears to have been modified or removed in part; the final clean text should be checked carefully.
- Numerous other changes are editorial only, including quotation marks, punctuation, apostrophes, and defined-term formatting.
Overall Assessment
The principal legal change is the new UK consumer liability framework. No clear AI-training authorization or restriction is added in the supplied diff.