This Terms of Use and Privacy Policy, and all policies posted on our website set out the terms on which Cygnature
services are offered to You to access and use the web, applications, and tools which includes features such as
Electronic Signature, Aadhar signature, Bio-metric Signature, Digital stamping, and other such features as opted for
by the User (collectively “Services”). All policies, including Privacy Policy, are incorporated into this Terms of
Use. Please read these Terms of Use carefully before using the Services. By using the Services, You signify Your
assent, consent, and agreement to these Terms of Use. If You do not agree to these Terms of Use, then You are not
authorized to continue the use of the Services. The Domain name www.cygnature.io (hereinafter referred to as
“Website”) is the entity owned by Cygnet Infotech Pvt Ltd a company incorporated under the Companies Act, 1956
having its registered office at 16, Swastik Society, Near Stadium Circle, Navrangpura, Ahmedabad-380009 (hereinafter
referred to as “Cygnet Infotech”)
You hereby understand and agree that by using the Services, You are deemed to have accepted these terms, regardless
of how You subscribe to or use the Services. Terms of Use, Privacy Policy, and other policies are applicable while
accessing the website or using Services, which is an electronic record in the form of an electronic contract. This
electronic contract shall be binding under relevant provisions of applicable local, state, national, or
international law and rules there under, as applicable laws and the amended provisions pertaining to electronic
records in various statutes thereof. This electronic record is generated by a computer system and does not require
any physical or digital signatures.
This document is published in accordance with the provisions of applicable local, state, national or international
law that require publishing the rules and regulations, Privacy Policy, and Terms of Use for access or usage of the
Website.
For the purpose of this Terms of Use, registered user and wherever the context so requires “You” or “User” or
“Your”, shall mean any natural or legal person who has agreed to use the Services by providing Registration Data
while registering on the Website as Registered User/visitor using the Services hereby accept an electronic version
of Terms of Use and has allocated himself/herself a unique identification user name (“User ID” and “Password”) to
become Registered User or have been identified as Guest User by providing a mobile number, email id, User’s public
IP (Internet Protocol) address, Browser Details, Device/Operating System’s (“OS”) version along with biometrics like
fingerprint, facial id, and iris scan if opted.
If there is any conflict between the Privacy Policy and the Term of Use, then Terms of Use shall take precedence.
Please read these Terms of Use carefully before using Services or registering on the Website or accessing any
material, information, or services through the Website or application.
If You want to terminate Your agreement with Cygnet Infotech, You may do so by (i) not accessing the Website or (ii)
closing Your Account for all the services that You use, where Cygnet Infotech has made this option available to You.
The Agreement will continue to apply until terminated by either You or Cygnet Infotech as set forth below.
You agree that Cygnet Infotech may, in its sole discretion and without prior notice, terminate Your access to the
Website and block Your Service for future access to the Website if Cygnet Infotech determines that You have
violated the terms of these Terms of Use or any other Agreement(s). You also agree that any violation by You of
the Agreement(s) will cause irreparable harm to Cygnet Infotech, for which monetary damages may be inadequate,
and You agree to Cygnet Infotech obtaining any injunctive or equitable relief that Cygnet Infotech deems
necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Cygnet
Infotech may have at law or in equity.
Upon any expiration or earlier termination of these terms due to any reason Cygnet may (a) delete all Your
credentials, code, documentation, passwords or access codes, mobile number, email id, User’s public IP (Internet
Protocol) address, Browser Details, Device/Operating System’s (“OS”) version along with biometrics like
fingerprint, facial id, and iris scan, if opted; along with the documents signed on Cygnature [“Customer Data”]
and any other Cygnet Infotech Confidential Information in Your possession, custody, or control; and (ii) Your
right to access any of Your Customer Data in the applicable Service will cease and Cygnet Infotech may delete
the Customer Data at any time after 30 days from the date of termination, excluding the document transaction
audit trail, which will remain with Cygnet Infotech for Your future verification of Documents signed using
Cygnature. You shall be responsible to make payment for the remaining portion of the Subscription term
immediately.
You acknowledge and agree that:
Cygnet Infotech Services also provide biometric authentication and digital stamping in accordance to the
applicable Laws [“Third Party Services”]. Further, You shall be solely responsible to verify the compliances of
Third Party Services under the applicable laws of Your territory from time to time prior to execution of such
documents through this Services. Cygnet Infotech does not have any method or a tool to verify the veracity of
the said Third Party Services.
Cygnet Infotech provides authentication solutions/services such as OTP (one-time password), fingerprint (through
Aadhaar in India), iris scan in order to track and keep a record of the same in addition to the Digital Stamping
that is provided by a Third Party. The validation of these Third Party Services is done with adherence to the
data provided by a third party and Cygnet Infotech is merely a Platform for it. Cygnet Infotech receives these
Third-Party Services AS IS only with Your consent.
The authentications for Biometric verification are tracked and kept on data centers of Cygnet Infotech with Your
consent and no change will be done to it. While providing these Third-Party Services the devices that collect
the data and affix Stamp paper digitally are not a product of Cygnet Infotech and are taken from third-party
services and any issue with the device is not a part of Cygnet Infotech’s responsibility.
Subject to the applicable law, Cygnet Infotech may maintain the Audit logs of all the request/responses processed by
You (i.e. capturing the complete metadata available in HTTP headers, request and response time stamp along with
status success/failure/timeout, details mentioned in 9(e), etc.) from time to time.
When You use the Website, Mobile application or send emails or other data, information, or communication to Cygnet
Infotech, You agree and understand that You are communicating with Cygnet Infotech through electronic records and
You provide consent to receive communications via electronic records from Cygnet Infotech may be periodically and as
and when required. Cygnet Infotech will communicate with You by email or on Your mobile number which will be deemed
adequate service of intimation / electronic record to the maximum extent permitted under any applicable law.
Cygnet Infotech may provide You with Services for free or on a trial basis (a “Free Access Subscriptions”) or other
early-stage Services, integrations, or features which are optional for You to use. This Section will apply to any
Free Access Subscriptions (even
if early Releases are provided for a fee or counts towards Customer/User’s Subscription Plan) and supersedes any
contrary provision in these Terms. Cygnet Infotech may use good faith efforts in its discretion to assist Customers
with Free Access Subscriptions
or Beta Releases. Nevertheless, and without limiting the other disclaimers and limitations in these Terms, YOU AGREE
THAT ANY FREE ACCESS SUBSCRIPTION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, SUPPORT,
MAINTENANCE,
STORAGE, SLA, OR INDEMNITY OBLIGATIONS OF ANY KIND. WITH RESPECT TO FREE SUBSCRIPTION, YOU FURTHER ACKNOWLEDGE AND
AGREES THAT FREE SUBSCRIPTIONS MAY NOT BE COMPLETE OR FULLY FUNCTIONAL AND MAY CONTAIN OTHER PROBLEMS FOR WHICH
CYGNET INFOTECH WILL NOT BE RESPONSIBLE.
Cygnet Infotech makes no promises that future versions of Free trials will be released or will be available under
the same commercial or other terms. Cygnet may terminate Your right to use any Free Access Subscriptions or Beta at
any time for any reason or
no reason at Cygnet Infotech’s sole discretion, without any liability.
The Services are available under subscription plans of various durations. Payments for subscription plans of a
duration of less than a year can be made only by Credit Card. Your subscription will be automatically renewed at the
end of each subscription period unless You downgrade Your paid subscription plan to a free plan or inform us that
You do not wish to renew the subscription. At the time of automatic renewal, the subscription fee will be charged to
the Credit Card last used by You. We provide You the option of changing the details if You would like the payment
for the renewal to be made through a different Credit Card. If You do not wish to renew the subscription, You must
inform us at least seven days prior to the renewal date. If You have not downgraded to a free plan and if You have
not informed us that You do not wish to renew the subscription, You will be presumed to have authorized Cygnet
Infotech to charge the subscription fee to the Credit Card last used by You. Please check our Website to know about
our Refund Policy.
From time to time, we may change the price of any Service or charge for use of Services that are currently available
free of charge. Any increase in charges will not apply until the expiry of Your then-current billing cycle. You will
not be charged for using any Service unless You have opted for a paid subscription plan.
Cygnet Infotech may suspend Your access to its Services if: (i) Your account is overdue; or (ii) You have exceeded
its service allocations/service limits. Cygnet Infotech may also suspend Your access to the Services or remove
Customer Data if it determines that: (a) You have breached any portion of these Terms, or (b) suspension is
necessary to prevent harm or liability to other customers or third parties, or to preserve the security, stability,
availability or integrity of the Services. Cygnet Infotech will have no liability for acting as permitted above. For
the avoidance of doubt, You will remain responsible for the payment of fees during any suspension period. However,
unless these Terms have been terminated, Cygnet Infotech will cooperate with You to promptly restore access to the
Services once We verify that You have resolved the condition requiring suspension.
This agreement (including all Attachments hereto, and all documents
incorporated herein by reference): (a) represents the entire agreement between the parties with respect to
the subject matter hereof and supersedes any proposals, representations previous or contemporaneous oral or
written agreements and any other communications between the parties.
You are prohibited to assign this agreement or any of its rights hereunder, or
delegate any of its obligations hereunder, whether voluntarily, involuntarily, by operation of law or
otherwise, without the Cygnet Infotech’s prior written consent, Cygnet Infotech in sole discretion may
transfer its rights and obligations (also known as “assign”) under this Agreement without Your prior express
consent, provided that Cygnet Infotech assigns the agreement on the same terms or terms that are no less
advantageous to You.
In compliance with the applicable law and the Rules made thereunder, the
Grievance Officer of Cygnet Infotech shall be Mr. Anuj Teli with email address: anuj.teli@cygnetinfotech.com
In case of any discrepancy between different applicable laws then this Terms
Of Use and other policies shall be governed in all respects by the laws of India. The parties hereby submit
to the exclusive jurisdiction of the Indian Courts at Ahmedabad, Gujarat only.
All disputes arising out of or in connection with the Terms Of Use, Cookie Policy, Privacy Policy, and other
terms(“Agreement”), which shall be attempted to be settled through good-faith negotiation between both
parties.
Failing resolution through negotiation, any remaining dispute shall be submitted to binding arbitration in
accordance with the Arbitration and Conciliation Act, 1996 (including any statutory modifications and
substitutions made thereto). The language of the arbitration shall be English. The place of arbitration
shall be Ahmedabad and shall be performed by a single arbitrator chosen by mutual consent of both parties.
Where the single arbitrator is not agreed upon between the Parties within 15 (fifteen) days from the date at
which the negotiations failed in that case Arbitration proceeding shall be carried out by three Arbitrators.
Each party shall appoint one arbitrator. The two appointed arbitrators shall appoint a third arbitrator to
form the Arbitral Tribunal. The third arbitrator shall act as the presiding arbitrator. The decision of the
Tribunal shall be binding on the parties. The Arbitral Tribunal will have no power to award (i) damages
inconsistent with the Agreement or (ii) punitive damages or any other damages not measured by the prevailing
party’s actual damages, and the parties expressly waive their right to obtain such damages in arbitration or
in any other forum. All aspects of the arbitration will be confidential. Neither the parties nor the
arbitrators may disclose the existence, content, or results of the arbitration, except as necessary to
comply with legal or regulatory requirements. Each party will promptly pay its share of all arbitration fees
and costs, provided that such fees and costs shall be recoverable by the prevailing party as determined by
the arbitrator. If a party fails to pay such share promptly upon demand, the Arbitral Tribunal shall, upon
written request by the other party, enter a final and binding decision against the non-paying party for the
full amount of such share, together with an award of attorney’s fees and costs incurred by the other party
in obtaining such decision, which decision may be entered in any court of competent jurisdiction. Except for
the failure of a party to pay arbitration fees and costs that require resort to the Arbitral Tribunal to
order such payment, the parties will bear their own attorneys’ fees in any matter or dispute under this
Agreement.
Notwithstanding the determination by the parties to utilize arbitration as specified above for resolution of
disputes arising out of or in connection with this Agreement, nothing herein shall preclude either party
from seeking and obtaining from a court of competent jurisdiction appropriate equitable relief, including
without limitation, a temporary restraining order or other injunctive relief, to prevent a breach of this
Agreement relating to Intellectual Property, confidentiality, or non-solicitation, or to otherwise maintain
the status quo pending the outcome of any arbitration
Neither party will be liable for any failure to perform any of its
obligations hereunder by reason of Force Majeure Event, provided that the affected party provides the other
party prompt notice of the applicable circumstance and uses commercially reasonable efforts to re-commence
performance as promptly as possible; and provided further that if a party’s performance is delayed for a
period of more than thirty (30) days by reason of any Force Majeure Event, then the other party may at its
option, by written notice to the affected party, either: (a) terminate this agreement; or (b) extend the
Term of this agreement for a number of days equal to the duration of the affected party’s non-performance.
To be effective, any waiver by a party of any of its rights or the other party’s
obligations under this Agreement must be made in a writing signed by the party to be charged with the
waiver. Waiver of any breach of any term or condition of this agreement will not be deemed a waiver of any
prior or subsequent breach. No failure or forbearance by either party to insist upon or enforce performance
by the other party of any of the provisions of this agreement or to exercise any rights or remedies under
this agreement or otherwise at law or in equity will be construed as a waiver or relinquishment to any
extent of such party’s right to assert or rely upon any such provision, right or remedy in that or any other
instance; rather, the same will be and remain in full force and
If any provision of this agreement is invalid or unenforceable in any
jurisdiction, the other provisions herein will remain in full force and effect in such jurisdiction and will
be liberally construed in order to effectuate the purpose and intent of this agreement, and the invalidity
or unenforceability of any provision of this agreement in any jurisdiction will not affect the validity or
enforceability of any such provision in any other jurisd
Any notices required to be served under the provisions of this Terms of Use and
Privacy Policy shall be in writing and shall be deemed to have been duly delivered upon completion of five
(5) business days following the date of their mailing, by registered mail, or by established international
courier service or served through Email ID of the respective party which shall be deemed delivered upon
delivery of e-mail
We may make changes from time to time to these Terms of Use so please
check back regularly to keep informed of updates. The latest version of these Terms of Use will always be
available on the Website. Any new version of these Terms of Use shall take effect and will govern the use of
the Services and Your relationship with us immediately upon the date of posting. By continuing to use the
Service, You agree to be bound by the terms of these updates and amen
The following Sections survive any expiration or termination of these Terms:
(Free Access Subscriptions); (Ownership and Feedback); (Payment Terms); (Term and Termination);
(Confidential Information); (Warranties and Disclaimers); (Indemnification Obligations); (Limitations of
Liability); and (General/Miscell
Complaint: If We receive a complaint from any person against You with respect to Your activities as part of
the use of the Services, We will forward the complaint to the primary email address of Your user account.
You must respond to the complainant directly within 10 days of receiving the complaint forwarded by Us and
copy it in the communication. If You do not respond to the complainant within 10 days from the date of our
email to You, We may disclose Your name and contact information to the complainant for enabling the
complainant to take legal action against You. You understand that Your failure to respond to the forwarded
complaint within the 10 days’ time limit will be construed as Your consent to the disclosure of Your name
and contact information by Cygnet Infotech to the compl
If You wish to provide any suggestions, comments, improvements, information,
ideas, or other feedback or related materials to Services (collectively, “Feedback”), You hereby grant
Cygnet Infotech a worldwide, perpetual, non-revocable, sub-licensable, royalty-free right and license to
use, copy, disclose, license, distribute, and exploit any Feedback in any format and in any manner without
any obligation, payment, or restriction based on intellectual property rights or otherwise. Nothing in these
Terms limits Cygnet Infotech’s right to independently use, develop, evaluate, or market products, whether
incorporating Feedback or otherwise
Privacy Policy