Terms and conditions of use

These Terms and conditions (hereinafter the "Terms") govern the use of the website https://docujet.it and of the DOCUJET service (hereinafter the "Service"), provided by Grem S.r.l., with registered office at Via Matteo La Fragola, 4, Salerno (SA), VAT no. / tax code IT06136730659 (hereinafter "DOCUJET" or "we"). By using the Service, the user (hereinafter the "User" or "you") declares that they have read, understood and accepted these Terms in full.

1. Definitions

• Account: the email + password pair that identifies the registered User and gives access to the Service.
• Sender: the registered User who uploads a document and sends it for signature to one or more Signers.
• Signer: the natural person who receives a DOCUJET link in order to apply their electronic signature.
• Document: the PDF file uploaded by the Sender, sent for signature and signed through the Service.
• Audit trail: the immutable technical log of all events relevant to the signature (acceptance of consents, OTP, signature, etc.).
• Plan: the chosen level of service (free Personal, Pro, Business) with its limits and features.

2. Subject matter of the contract

DOCUJET offers a SaaS platform for sending, electronically signing and verifying documents, with the application of an advanced electronic signature (AES), where the technical requirements are met, a qualified electronic seal and a qualified time stamp pursuant to Regulation (EU) 910/2014 (eIDAS) and Italian Legislative Decree 82/2005 (Codice dell'Amministrazione Digitale, CAD). The technical features of the Advanced Electronic Signature solution are described on the page Technical features of the advanced electronic signature (AES) solution.

The Service is provided "as is" and is constantly evolving. DOCUJET reserves the right to add, modify or remove features, giving reasonable notice of substantial changes.

3. Account and credentials

To use the document-sending features, you need to open an Account. The User warrants that the information provided is accurate, complete and up to date, and undertakes to keep it so. Creating Accounts with false identities or on behalf of third parties without authorisation is prohibited.

The User is responsible for safeguarding their access credentials and for all activity carried out through their Account. The use of two-factor authentication (2FA) is recommended; it is available free of charge in the security settings. The User must promptly notify [email protected] of any suspected unauthorised use.

4. Signers

Signers receive a secure link to view and sign the Document, without having to create an Account. The Signer is informed of the processing of their personal data in accordance with the Privacy notice (section 2.2). For the data relating to the Signer that the Sender enters (name, email, telephone), the Sender is an independent controller and is directly liable for them towards the Signer.

5. Plans, prices and billing

5.1. Available plans

The Service is offered with a free plan (Personal) and with paid plans (Pro, Business). The prices, operating limits and features of each plan are described on the Pricing page and form an integral part of these Terms.

5.2. Payment methods

Payment is made by credit card, handled by our provider Stripe Payments Europe Ltd., or by annual bank transfer (with the payment reference provided on activation). Full card details do not pass through DOCUJET's systems.

5.3. Invoicing and taxes

Invoices are issued electronically within the time limits laid down by Italian law. Published prices are exclusive of VAT, unless otherwise stated. VAT is applied at the rate in force.

5.4. Renewal and termination of the plan

Monthly plans renew automatically from month to month; annual plans renew on expiry unless notice of cancellation is sent at least 30 days before renewal to [email protected] or through the cancellation function in the Account settings.

5.5. Non-payment

In the event of non-payment, DOCUJET may suspend or reduce the features of the Service. Documents already signed nevertheless remain stored and accessible in read-only mode for the period required by law (see the Privacy notice, section 9).

6. Consumer's right of withdrawal

If the User is a consumer within the meaning of Article 3 of the Italian Consumer Code (Legislative Decree 206/2005), they have the right to withdraw without giving any reason within 14 days of subscribing to the paid plan, by writing to [email protected].

However, pursuant to Article 59(1)(a) and (o) of the Consumer Code, the right of withdrawal lapses if the User, at the time of activation, expressly requested the immediate performance of the Service and acknowledged the loss of the right of withdrawal once performance has begun (e.g. the first sending of a Document for signature).

7. Acceptable use

The User undertakes not to use the Service to:

• upload, send for signature or store documents whose content is unlawful, defamatory, fraudulent, or infringes third-party rights or copyright;
• impersonate natural or legal persons, or falsify their own identity or that of the Signers;
• use the Service for money laundering, terrorist financing or circumvention of anti-money laundering rules;
• compromise or attempt to compromise the security of the Service (unauthorised penetration tests, reverse engineering, DoS attacks);
• circumvent the limits of the subscribed Plan or carry out bulk sending that has not been agreed;
• resell or sublicense the Service without DOCUJET's written authorisation.

In the event of a breach, DOCUJET may suspend or close the Account immediately, retain the documents already signed to meet legal obligations, report the event to the competent authorities and refuse future registrations by the same person or entity.

8. User content

The documents uploaded and the data entered by the User remain the User's exclusive property. The User grants DOCUJET a non-exclusive, free and limited licence, solely for the duration and purposes necessary to provide the Service (e.g. storage, conversion to PDF/A, application of the seal, anchoring of the hash), with no further commercial purpose. DOCUJET claims no rights over the content of the signed documents.

9. Legal validity of the electronic signature

Signatures applied through the Service are electronic signatures within the meaning of EU Regulation 910/2014 (eIDAS) and Italian Legislative Decree 82/2005 (CAD), at a level that may vary depending on the chosen flow (simple electronic signature (SES), advanced electronic signature (AES) with OTP, DOCUJET's qualified seal on every signed document).

The suitability of the signature with regard to the content of the document and to the formal requirements laid down by special rules is the sole responsibility of the User: for acts that require, ad substantiam, the qualified written form (e.g. real estate deeds, certain company acts), an SES or an AES may not be sufficient and a qualified electronic signature (QES) issued by a qualified trust service provider may be required. DOCUJET is not a substitute for legal advice and recommends consulting a professional if in doubt about the appropriate signature level.

10. Retention of documents

DOCUJET retains signed Documents and audit trails for the period indicated in the Privacy notice, section 9. The User may export their Documents at any time through the management interface.

The Service does not in itself constitute compliant long-term preservation (conservazione a norma under Italian law) within the meaning of Articles 43 et seq. of the CAD: a User who needs it (e.g. public administrations, entities required to do so by law) must set up a compliant long-term preservation flow with a preservation provider accredited by AgID (Agenzia per l'Italia Digitale, the Agency for Digital Italy). The Documents generated by DOCUJET are in PAdES-LTV format, compatible with accredited preservation providers.

11. Privacy

The processing of personal data is governed by the Privacy notice, which forms an integral part of these Terms.

12. Availability of the Service

DOCUJET uses reasonable efforts to keep the Service available 24/7. However, it does not guarantee specific availability levels (SLA) unless separately agreed with Business customers. The Service may be temporarily suspended for scheduled maintenance (announced in advance), emergency maintenance, force majeure events or causes attributable to third-party providers.

13. Limitation of liability

To the fullest extent permitted by applicable law, the liability of DOCUJET, on any grounds (contractual, non-contractual, warranty, etc.), is limited in aggregate to the amounts actually paid by the User for the Service in the 12 months preceding the event that gave rise to the damage. For users of the free Personal plan, this limit is set symbolically at 100 (one hundred) euros.

In particular, DOCUJET is not liable for:

• indirect or consequential damage, loss of profits, loss of opportunity, loss of reputation;
• damage resulting from improper use of the Service or from unlawful content uploaded by the User;
• challenges to the validity of the signature in cases where a qualified electronic signature (QES) was required and not used (see section 9);
• unavailability attributable to force majeure or to third-party providers (e.g. SMS providers, qualified seal provider, public blockchain).

These limitations do not apply in cases of wilful misconduct, gross negligence or liability that cannot be excluded by law (e.g. personal injury).

14. Warranties and disclaimer

Except as expressly provided in these Terms or required by mandatory rules, the Service is provided without any further warranties, express or implied, of fitness for a particular purpose, of freedom from defects or of non-infringement of third-party rights.

15. Suspension and closure of the Account

DOCUJET may suspend or close the Account in the event of:

• breach of these Terms (section 7);
• non-payment continuing for more than 30 days after the due date;
• a request from the competent Authorities;
• discontinuation of the Service (with at least 90 days' notice and the User's right to export their data).

The User may close their Account at any time from the settings or by writing to [email protected]. Signed Documents remain stored for the period required by law even after closure.

16. Changes to the Terms

DOCUJET may update these Terms to reflect regulatory, technical or market changes. Material changes are communicated by email or by a notice on the website with at least 30 days' notice; during that period a User who does not wish to accept them may withdraw from the contract without penalty.

17. Force majeure

Neither party is liable for failures to perform due to force majeure events: natural disasters, wars, acts of government, epidemics, general strikes, large-scale cyber attacks, widespread outages of public networks or of essential third-party providers.

18. Assignment of the contract

DOCUJET may assign this contract to third parties in the context of extraordinary transactions (merger, acquisition, transfer of a business unit), promptly notifying the User. The User may not assign the contract without the prior written consent of DOCUJET.

19. Governing law and jurisdiction

These Terms are governed by Italian law. For any dispute arising from these Terms or from the Service, the Court of Salerno shall have exclusive jurisdiction.

In any event, for contracts concluded with consumers, the mandatory jurisdiction of the court of the consumer's place of residence or domicile remains unaffected (Article 66-bis of the Consumer Code).

These terms are drafted in Italian. The versions in other languages are courtesy translations: in the event of any conflict, the Italian text prevails.

20. Miscellaneous

• Entire agreement: these Terms, together with the Privacy notice and the Cookie Policy, constitute the entire agreement between the parties and supersede any prior understanding on the same subject matter.
• Waiver: failure by DOCUJET to exercise a right does not constitute a waiver of that right.
• Severability: the invalidity of any individual clause does not affect the validity of the others.
• Notices: communications to DOCUJET must be sent to [email protected] or to the registered office address; communications to the User are sent to the email address provided at registration.

21. Contact

For questions about these Terms, write to us at [email protected]. For requests relating to the processing of personal data: [email protected].

22. Onerous clauses under Articles 1341 and 1342 of the Italian Civil Code

Pursuant to and for the purposes of Articles 1341 and 1342 of the Italian Civil Code, the User declares that they specifically approve the following clauses: Art. 2 ("as is" service), Art. 7 (acceptable use, immediate suspension in the event of a breach), Art. 12 (no guaranteed SLA), Art. 13 (limitation of liability), Art. 14 (exclusion of further warranties), Art. 15 (suspension and closure of the Account), Art. 16 (changes to the Terms), Art. 18 (assignment of the contract), Art. 19 (exclusive jurisdiction).

Acceptance of the above clauses, save for consumers, for whom the mandatory protective rules prevail, is formalised at the time of registration of the Account or on first use of the Service.