eSignature Additional Terms of Service for Signers

• Last Modified: April 30, 2024

• These eSignature Additional Terms of Service for Signers ("eSignature Additional Signer Terms") apply specifically to the electronic signature feature of Google Docs / Google Drive ("eSignature").

• To use eSignature in order to electronically sign documents you receive via eSignature, you must accept (1) the Google Terms of Service ("Google Terms") that apply to Google Docs / Google Drive services (and all their features), and (2) these eSignature Additional Signer Terms. Capitalized terms used but not defined in these eSignature Additional Signer Terms have the meanings given in the Google Terms.

• If these eSignature Additional Signer Terms conflict with the Google Terms, then, unless you’re in France, these eSignature Additional Signer Terms will take precedence for the use of eSignature.

• If you have another agreement with Google for eSignature (e.g. an agreement for Google Workspace Individual), that agreement, and not these eSignature Additional Signer Terms, will govern your use of eSignature to send or execute documents.

• Please read these documents carefully. Together, these documents are known as the "Terms". They establish what you can expect from us as you use eSignature to electronically sign documents, and what we expect from you.

• Signature or execution of documents

• eSignature enables contracts and other documents to be signed for legal purposes, or “executed”. While these eSignature Additional Signer Terms use the concepts of signature and execution interchangeably, execution of documents may involve additional formalities in some jurisdictions. You should consult a lawyer if you are unsure whether your document requires signature or more formal execution or have questions about the requirements for execution in your jurisdiction.

• Google is not a party to documents executed via eSignature

• A document executed via eSignature can only bind the parties who have or are deemed to have executed it, not Google. By using eSignature, you are consenting to transact electronically with all such parties to the relevant document (your "counterparties").

• You control who you do business with via eSignature

• Before you execute any document via eSignature, make sure you confirm the sender’s identity.

• Also bear in mind that:

  • • anyone who has access (with or without permission) to an email account may be able to use that account to send and execute documents via eSignature;

  • • if you are a Google account holder and you update your email address, you will be able to execute documents sent to your old email address (assuming the new and old email addresses are tied to the same underlying account);

  • • if you are (or are seen to be) acting on behalf of a legal entity when executing a document, that entity may be bound by the document.

• So if you are an employee, contractor, director or otherwise associated with a legal entity, and you use eSignature to execute a document, make sure you are authorized to execute the document on behalf of that entity or clearly execute the document in your own name / personal capacity.

• You control the contents of your documents

• Make sure that any document you execute via eSignature is the final and complete agreement you intend to enter with your counterparty (or counterparties).

  • Before a document is executed via eSignature, the parties involved should review and agree on the document, and ensure they have finalized or resolved any suggested edits or comments in the document and included any schedules, annexes or other attachments.

• You control which documents are executed

• Make sure that your document can be validly signed or executed via electronic (as opposed to traditional wet ink) signature. You should verify with a lawyer whether electronic signatures can be used in your jurisdiction, and whether you or your counterparties need to fulfil any other requirements when signing electronically.

  • Not all documents will be eligible for electronic signature in every jurisdiction. For example, documents such as trusts, wills, codicils, powers of attorney and deeds require wet ink signatures in many jurisdictions. You should consult with a lawyer to ensure that any document you plan to execute via eSignature will be valid and/or enforceable in your jurisdiction.

• Copies and storage of executed documents

• Make sure you retain copies of documents executed via eSignature for your own records, and confirm that your counterparties have received and retain copies for their records.

• When a document is executed via eSignature, Google will attempt to email a copy of the executed document to each party and to add a copy to their Drive account. You should retain any email you receive from Google that contains an executed document. However, Google cannot guarantee receipt of all such copies. For example, your (or a counterparty’s) email settings may block the email with the copy, or a counterparty may not have a Drive account.

  • It is important to keep records of executed contracts, but it is possible that some parties may not receive copies of executed documents (e.g. due to technical errors, Drive storage limits or spam filters). So after you execute a document via eSignature, make sure you verify that each of your counterparties retains a separate copy of the executed document and, if you have not received your own copy of it, make sure you request a copy from a counterparty.

• Given the importance of documents executed via eSignature, you should also store back-up copies independently of Google services (e.g. so that you retain those copies even if you can’t access your Google account, or delete or cancel it).

• Same jurisdiction transactions

• You may only use eSignature to transact with counterparties in the same legal jurisdiction as you.

• Signature information and document access

• Copies of documents executed via eSignature contain certificate-based signatures that help identify the parties. Those copies, including their audit trails, may also contain the email addresses of the parties as well as other information about their Google accounts (e.g. pseudonymized identifiers tied to their accounts), their devices (e.g. IP addresses) and other details (e.g. times and dates of signatures, etc). Anyone with access to the executed document will have access to all this information.

• Brazil users

• Use of documents executed via eSignature may involve heightened enforceability risks in your jurisdiction. You should consult with a lawyer about these risks before using eSignature.

• Disclaimer

• Any information provided in these eSignature Additional Signer Terms regarding the validity or enforceability of electronically-signed contracts or other documents is for general information purposes only and is not intended as legal advice. Google cannot and does not guarantee that use of eSignature will lead to a valid or enforceable contract or other document in your jurisdiction. You should consult with a lawyer in your jurisdiction if you have questions about use of electronic signatures or electronic contracts.