Last Modified: April 30, 2024

These eSignature Additional Terms of Service ("eSignature Additional Terms") apply specifically to the Google Docs / Google Drive electronic signature feature ("eSignature") that Google Workspace Individual allows you to access and use as part of the GWI Products.

To use eSignature, you must accept (1) the Google Terms of Service, (2) the Google Workspace Individual Additional Terms of Service ("GWI Additional Terms") and (3) these eSignature Additional Terms. Capitalized terms used but not defined in these eSignature Additional Terms have the meanings given in the GWI Additional Terms.

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

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, and what we expect from you.

If you cancel your Google Workspace Individual subscription as described in the GWI Additional Terms, you’ll retain access to eSignature until at least the end of your current billing period and the Terms will continue to apply until your access expires.

Signature or execution of documents

eSignature enables contracts and other documents to be signed for legal purposes, or “executed”. While these eSignature Additional 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

If you are sending a document for execution via eSignature, make sure you confirm the recipient’s identity and email address and verify that the recipient has the authority required to execute the document. For example, if you intend to have a legal entity execute your document, make sure the person you send it to is authorized to act for that entity.

Also bear in mind that:

• • anyone who has access (with or without permission) to an email account that receives an eSignature request will be able to sign the relevant document until the link expires (e.g. due to cancellation of the signature request);

• • a Google account holder who updates their email address will be able to execute documents sent to their old email address (assuming the new and old email addresses are tied to the same underlying account); and

• • 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 use eSignature to send a document for execution, make sure that the person you intend receives the eSignature link and signs your document. Be aware too that the person who receives your eSignature link may need to agree to the Google Terms of Service and additional terms for eSignature signers before signing your document.

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 send or 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 fulfill 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 - or if you plan to delete the executed copy from your Drive account or change its access permissions - make sure you verify that each of your counterparties retains a separate copy of the document.

Given the importance of documents executed via eSignature, you should also store back-up copies independently of GWI Products (e.g. so that you retain those copies even if you can’t access your Google Drive 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 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.