General Terms and Conditions of Service
These Terms govern access to and use of Firmato by consumers, professionals, companies and organisations. They are supplemented by the order, plan, commercial terms, specialist policies and any provider terms required to execute a specific service.
1. Definitions and contractual hierarchy
“Firmato” means Firmato European e-sign V3; “UESE” means UESE ITALIA S.p.A.; “Customer” means the account or organisation owner; “User” means an authorised individual; “Signer” means a recipient in a signature workflow; “Provider” means an integrated third party. In the event of conflict and subject to mandatory law, the following order applies: Enterprise order/framework agreement, service-specific terms, these Terms, referenced policies and operational information displayed before the transaction.
2. Registration, capacity and accounts
Users must provide accurate, current and sufficient information, have capacity to contract and, when acting for an organisation, hold the necessary authority. Credentials are personal. The Customer is responsible for assigning internal roles correctly and promptly revoking access no longer required.
3. Scope of the service
Depending on the plan and active integrations, Firmato may provide document management, Contract Rooms, signing workflows, identity services, time stamps, evidence, repository, internal wallet, APIs, billing and governance features. A feature listed in the catalogue is not necessarily included in every plan or jurisdiction.
4. Electronic signatures and trust services
Firmato distinguishes signature levels and identity processes. Where an operation requires a qualified trust service, the technical service is supplied by the QTSP/qualified provider identified in the workflow. UESE does not warrant that one form of signature is suitable for every instrument; the Customer must assess form, representation, sector and jurisdiction requirements.
5. Documents, signers and Customer instructions
The Customer warrants that it is entitled to upload the documents, contact signers, use their data and issue signing instructions. Firmato must not be used for forgery, impersonation, coerced signatures, unlawful documents, malware or infringement of third-party rights. The Customer is responsible for recipient details, signing order, fields, deadlines and document content.
6. Identity verification and KYC
UESE or a provider may require additional checks before enabling sensitive services. Failure to complete verification, negative results, inconsistencies or risk indicators may result in suspension of the specific operation or a request for additional evidence, without affecting the user’s mandatory rights.
7. Account security
Users must protect passwords, OTPs, recovery codes, devices and API keys. UESE may require 2FA, revoke sessions or temporarily block operations where risk is detected. Suspected compromise or unauthorised access must be reported without delay.
8. Availability, maintenance and dependencies
UESE takes reasonable measures to support service continuity, but functions may depend on networks, hosting, payment providers, KYC providers, QTSPs and public systems. Maintenance, incidents, third-party outages, security obligations or force majeure may cause temporary limitations. Specific service levels are governed by the Enterprise order or SLA policy.
9. Fees, taxes and usage-based services
Subscription fees, included volumes, usage charges, taxes and billing periods are displayed before purchase. Third-party operations already executed may generate non-reversible costs. By selecting an auto-renewing plan, the Customer authorises recurring charges through the chosen payment provider.
10. Suspension and termination
UESE may proportionately suspend an account or features for non-payment, security risk, abuse, material breach or legal obligation. Where reasonably possible, the Customer will have an opportunity to cure. Termination does not erase accrued obligations, audit records, evidence or retention required by law.
11. Customer content and technical licence
The Customer retains rights in its documents and grants UESE and necessary providers only the technical licence required to host, transform, transmit, sign, time-stamp, verify, archive or return them in accordance with Customer instructions and the requested service.
12. Liability
Nothing excludes liability that cannot lawfully be limited, including wilful misconduct and gross negligence where applicable. In B2B relationships, unless an Enterprise agreement provides otherwise, UESE is liable for direct and foreseeable loss causally attributable to its breach within the limits permitted by law; indirect loss, loss of profit and loss of opportunity are excluded except where liability is mandatory. Mandatory consumer remedies prevail in B2C relationships.
13. Privacy and confidentiality
Processing performed by UESE as controller is described in the Privacy Policy. Where UESE processes personal data contained in documents on behalf of a business Customer, the DPA applies. Each party protects confidential information received and uses it solely for the contractual relationship, unless disclosure is legally required.
14. Changes to terms
UESE may update the service and these Terms for legal, security, technical or commercial developments. Material changes are notified with appropriate advance notice where required. Consumers and recurring subscribers retain mandatory rights concerning information, withdrawal, termination and changes.
15. Law, disputes and ADR
For professional and business Customers, unless otherwise agreed in writing and subject to mandatory jurisdiction, Italian law applies and venue is determined by the order or ordinary rules. Consumers retain mandatory jurisdiction and protection at their place of residence. The former EU ODR platform has been discontinued; national ADR bodies remain available where the applicable law so provides.
16. National supplement — Italy
Italian law and consumers
Italian consumers benefit, among other rules, from Legislative Decree 206/2005 (Consumer Code) and the digital content/services provisions implementing Directive (EU) 2019/770. Choosing Italian law does not remove mandatory protection of a consumer resident in another EU State.
17. Versioning, precedence and evidence retention
Firmato records the version made available and, where the application flow provides for acceptance, the corresponding acceptance evidence including date, account and technical audit information. Material changes may require renewed acknowledgement or acceptance. Language and country are separate variables: language determines the linguistic version, while country determines the applicable national supplement.