Docusign App Center Terms
Last updated: May 30, 2024
These Docusign App Center Terms (the “Terms”) cover your use of the Docusign App Center. The Terms apply to (i) customers who access, browse, install, enable, or use Extension Apps (as defined below) through the Docusign App Center (an “Extension App User”), and to (ii) developers who publish Extension Apps through the Docusign App Center (“App Developer”) - and their respective employees, agents, contractors or any other entity on whose behalf these Terms were accepted (collectively "You" and "Your").
We reserve the right to revise these Terms at any time by posting a revised version at https://www.docusign.com/legal/terms-and-conditions/app-center-terms or any other applicable Docusign website and such updates will be effective upon posting. PLEASE REVIEW THE APP CENTER SITE ON A REGULAR BASIS TO OBTAIN TIMELY NOTICE OF ANY REVISIONS. IF YOU CONTINUE TO USE THE APP CENTER AFTER THE REVISED TERMS TAKE EFFECT, YOU AGREE TO BE BOUND BY THE REVISED TERMS. You agree that Docusign shall not be liable to You or to any third party for any modification of these Terms.
In the event of a conflict between these Terms and any separate agreement You have signed with Docusign, such agreement will control with regard to the applicable subject matter.
DESCRIPTION OF THE APP CENTER & LISTING OF EXTENSION APPS
The Docusign App Center (“App Center”) is an online marketplace of software applications that interoperate with Docusign products and services (each an “Extension App”), as described on each App listing page (the “Listing Page”). Extension Apps available through the App Center may be subject to other terms, including any terms that are hyperlinked in the Listing Page or terms presented during installation, use, or deployment (the “App Terms”).
The publication of Extension Apps in the App Center is subject to review and approval by Docusign. These Terms do not authorize you to publish or list any Extension Apps in the App Center.
Docusign may remove or discontinue all or a portion of the App Center at any time, without notice, at our sole discretion. We can choose which Extension Apps or App Developers to list or promote, and we can choose how we want to promote them. The provision of the Docusign App Center does not mean we endorse, support, or warrant the App Developer or Extension App,
DEFINITIONS
Any defined terms used in these Terms and not otherwise defined herein shall have the same meaning as set forth in the Docusign Inc. Developer Terms and Conditions or the Docusign Sites & Services Terms and Conditions.
TERMS APPLICABLE TO EXTENSION APP USERS
1. USE AND ACCESS OF THE APP CENTER
1.1 Access. Your access to the App Center website is governed by these Terms and the Docusign Sites and Services Terms and Conditions, which are incorporated into these Terms by reference. You may access and use the App Center for Your internal business purposes only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any data or information from the App Center. All rights to the App Center not expressly granted by these Terms are reserved by Docusign.
1.2 Restrictions of Use. In addition to the restrictions applicable to Docusign’s Sites in the Docusign Sites & Services Terms and Conditions You may not engage in any activity or transmit any information that, in our sole discretion:
(i) enables access to the App Center or Extension Apps by unauthorized third-party applications or otherwise in a manner intended to avoid incurring fees, to circumvent usage limits or quotas, or to circumvent or bypass any technological protection measures in or relating to the App Center or Extension Apps;
(ii) disassembles, decompiles, reverse engineers, decrypts, hacks, emulates, or exploits, any aspect of the App Center or Extension Apps, including the training of artificial intelligence (AI) models; or
(iii) publishes, copies, rents, leases, sells, exports, imports, distributes, or lends the App Center or Extension Apps.
1.3 Docusign Account and Subscriptions. You do not need a Docusign account to access and browse the App Center. However, You may need a Docusign account and the relevant Docusign Subscription Plan to purchase and enable certain Extension Apps.
1.4 Extension Apps developed by Docusign. Your use of Docusign Extension Apps is governed by Docusign’s Sites and Services Terms and Conditions (as referenced on the relevant Listing Page) or, if applicable, by Your Docusign Master Services Agreement.
1.5. Extension Apps developed by Third-Parties. If the App Developer of an Extension App, as provided in the Listing Page, is any third party, then the App shall be considered Third-Party Services. "Third-Party Services" means services, software, products, applications, integrations, and other features or offerings that are provided by Customer or obtained by Customer from a third party, including a third party App Developer.
If you elect to engage with a third party and their listed Extension App, the terms and conditions regarding your use or receipt of the Extension App are between You and the third party App Developer. You are solely responsible for obtaining any licenses and consents from the App Developer for required Third-Party Services that are relevant for your use of the Extension App.
Any support, questions, concerns, or disputes that arise out of your use of Third-Party Services or Extension Apps should be addressed with the App Developer, not with Docusign. Docusign does not provide any aspect of the Third-Party Services, and Docusign assumes no responsibility for, and specifically disclaims any liability or obligation with respect to any Third-Party Services, including with regard to any compatibility issues, errors, or bugs. You agree that you bear all risks associated with using any Third-Party Services Extension App.
Certain features of third party Extension Apps may use, transfer, and/or store your Customer Data or information outside of the Docusign App Center or Docusign products, and Docusign is not responsible for any such use, transfer, or storage. Please see the applicable App Terms and privacy policy for more information.
1.6 Support. Support for Extension Apps will be provided as set forth in the applicable App Terms. For support related to the App Center website and Extension Apps developed by Docusign, You may contact Docusign with any support inquiries using Docusign’s support center.
1.7 Links to Third-Party Sites. Following a link to a third party site will allow You to leave the App Center. Hyperlinked sites hosted by a third party are not under the control of Docusign and Docusign is not responsible for any form of content or data received from a linked site.
1.8 Obligations to Third Parties. If You have obligations to any third party (for example, the terms and conditions of a service You choose to link to or access via Your Extension App), You are solely responsible for Your compliance with those requirements.
TERMS APPLICABLE TO APP DEVELOPERS
If You are an App Developer, these Terms are incorporated into and are part of the Docusign, Inc. Developer Terms and Conditions which You have accepted, or will accept, when creating a Docusign Developer Account. You may also be eligible to join Docusign’s partner program for additional benefits and opportunities.
2. INTELLECTUAL PROPERTY
2.1 Ownership. You represent and warrant that You own or otherwise rightfully possess all intellectual property and other rights necessary for You to grant access to or license any Extension App that You list on the Docusign App Center.
2.2 Infringement. You represent, warrant and agree that: (a) Your Extension App does not and will not violate or infringe upon a third party’s intellectual property rights; (b) with respect to any content contained in or provided through Your Extension App and the use of Your services, You are solely responsible for: (i) securing, reporting, and maintaining all necessary and related clearances, rights and consents; and (ii) paying any licensing fees, royalties, or respective shares to any third party owner; (c) You have complied with all of Your obligations to any third‑party software or service in Your Extension App, including, but not limited to, any notice and source code availability obligations that may be required by any applicable open source software used by You; (d) the licensing terms for any open source software included with Your Extension App will not purport to require Docusign or any Extension App User to disclose or make available any keys, authorization codes, methods, procedures, data, or other information related to the digital signing or digital rights management mechanisms utilized as part of the Docusign Products, Developer Tools, Docusign App Center or any third‑party products distributed through Docusign; and (e) You shall not make any promise, warranty or representation on behalf of Docusign with respect to Extension Apps or the Docusign App Center.
2.3 Licensing. By publishing an Extension App on the Docusign App Center, You grant Docusign a non‑exclusive, non‑transferable, perpetual license to reproduce, display, distribute, and use Your Extension App on the Docusign App Center, and to use Your trademarks, including your trade name and logo(s), to market the Extension App.
2.4 Docusign’s IP. You may not grant or purport to grant any license or other right to any Docusign intellectual property or any other party whose software, data, proprietary information, patentable invention or other subject matter is included in or required to use Your Extension App (regardless of whether Docusign or such other person licensed, permitted, encouraged or otherwise authorized You to include or use such subject matter).
2.5 Feedback. Docusign encourages App Developers to provide suggestions, proposals, ideas, recommendations, or other feedback regarding improvements to the Docusign services, the App Center, and related resources (“Feedback”). To the extent You provide Feedback, You grant Docusign and its Affiliates a royalty-free, fully paid, sub-licensable, transferable, non-exclusive, irrevocable, perpetual, worldwide right and license to make, use, sell, offer for sale, import, and otherwise use or exploit Feedback (including by incorporating such feedback into the Docusign Services) without restriction. You shall ensure that: (a) Feedback does not identify You, Your Affiliates, or authorized Extension App Users, or include any of Your or Extension App User’s Data; and (b) You have obtained requisite authorization from any Extension App User or other third party to grant the license described herein. For the avoidance of doubt, Feedback does not constitute Your Confidential Information. For purposes of these Terms ”Extension App User Data” means data that You collect in the Extension App from an Extension App User.
3. EXTENSION APP PUBLICATION REQUIREMENTS
3.1 Extension App Guidelines. All Extension Apps and listings must comply with Docusign’s App Center publishing guidelines, available at https://developers.docusign.com/extension-apps/build-an-extension-app/publish/guidelines/ (the “Publication Guidelines”). We may change the Publication Guidelines from time to time by updating the applicable website. You agree to review the Publication Guidelines on a regular basis and always remain in compliance.
3.2 Extension App Publication Review. You may submit your Extension App for review by Docusign by following the steps outlined in the Docusign Developer Center. Docusign reserves the right to reject any Extension App, including, but not limited to, Extension Apps that do not offer sufficient value to Docusign customers, that do not meet minimum functionality, performance, and quality standards, and Extension Apps that do not meet the security, privacy, and data use requirements outlined in these Terms.
3.3 Continuous Listing Assurances. Once listed and published in the App Center, Docusign may periodically test and evaluate Your Extension App to verify that it continues to comply with these Terms and the Publication Guidelines. Any updates to Extension Apps are also subject to the Publication Guidelines.
Upon reasonable notice, Docusign may conduct a review to ensure that Your Extension App and Your processing of Extension App User Data is and has been in compliance with these Terms. You will cooperate, and cause Your employees and any relevant third parties to cooperate, with the review, which includes providing records, information and assistance as reasonably requested. If we exercise our right to audit Your compliance and such audit reveals non-compliance by You, You will reimburse Docusign for all reasonable costs and expenses associated with conducting the audit and any related follow-up audits.
3.4 Customer Support Obligations for Extension Apps. You must provide all customer support to Extension App Users and must include contact information for Your customer support team – both in your Extension App and on the Listing Page. You have an ongoing obligation to keep Your contact information up-to-date. Docusign will reasonably assist with and facilitate any support requests.
4. EXTENSION APP REMOVAL
4.1 Reasons for Removal. You, or Docusign, may request removal of your Extension App from the App Center upon 90 days’ advance written notice to the other party. Docusign reserves the right to remove Your Extension App or suspend Extension App availability on the App Center, in Our sole discretion, at any time in the event that:
(a) The Extension App diminishes or in any way interferes with Docusign’s ability to meet our customer or partner obligations, and/or operate the App Center;
(b) The Extension App contains malware and/or other security vulnerabilities;
(c) The Extension App poses a risk to data privacy or security;
(c) Docusign receives complaints related to the content or quality of the Extension App;
(d) An assertion or claim is made that Your Extension App infringes the intellectual property rights of a third party;
(e) You breach this Agreement or any related Extension App Publication Guidelines; or
(f) Docusign is required to comply with any judicial order, or government law, regulation, or order.
4.2 Extension App Removal Process. In the event Your Extension App is removed for any reason other than material breach of these Terms or as listed in Section 4.1 (a) through (f), existing Extension App Users may continue to use Your Extension App for ninety (90) days after Your App is removed and delisted, subject to Your Extension App’s continued compliance with these Terms. During this off-boarding period, You will use commercially reasonable efforts to continue support for existing Extension App Users. You agree not to accept any new Extension App Users after the Extension App is delisted and removed. Any fees You previously paid to Docusign are non-refundable.
When an Extension App is delisted and removed as a result of a removal request from You, You agree to notify existing Extension App Users without undue delay of the removal and the applicable off-boarding period.
5. PRIVACY AND SECURITY
5.1 Compliance with Data Protection Law. Each party will comply with obligations imposed on it under all applicable data protection laws and regulations.
5.2 Extension App User Data. You agree that you will (a) ensure that any Extension App User documentation relating to your Extension App accurately reflects its functionality, (b) maintain a current privacy notice (including on the Listing Page) that details how Your Extension App accesses, collects or transmits any personal data to You or a third party.
5.3 Product Compatibility and Security. Any Extension App that You create must be compatible with the App Center platform and any applicable Docusign products, and must not: (a) permit an Extension App User to pose as another user or multiple users to act as a single user; (b) include, send, store, or run software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs; (c) access, copy, destroy or transmit data regarding any Extension App User or device in excess of what is described in the accompanying documentation; (d) create a denial of service; (e) violate any applicable law or regulation, (f) facilitate or promote illegal activities; or (g) disable, exploit, hack, or otherwise interfere with any security, encryption, digital signing, digital rights management, verification, or authentication mechanisms implemented in or by the Docusign platform or Products.
5.4 Data Privacy. You will implement and maintain technical and organizational security safeguards for Your Extension App that: (a) meet industry standards proportionate to the sensitivity of Extension App User Data (taking into account the nature, scope, context, and purpose of processing, and the risks for the rights and freedoms of natural persons); (b) comply with applicable data privacy and data protection laws; and (c) are designed to prevent any Data Incident, or unauthorized Processing of Extension App User Data or that results in a Data Incident concerning Extension App User Data.
For purposes of this Section 5, a “Data Incident” means any accidental or unlawful acquisition, destruction, loss, alteration, unauthorized disclosure of, or access to, Extension App User Data or information.
In the event of a suspected Data Incident, Docusign may impose limitations on Your Extension App, Your App Center listing, or Your ability to use any portion of the Docusign platform or products. Docusign may also require Your Extension App to undergo a Security Review and/or Compliance Review.
5.5 Data Breach and Incident Protocol. You agree to implement a Data Incident management program that addresses how You and Your Extension App will detect and manage Data Incidents. In addition to complying with Your data protection obligations to data subjects under applicable data privacy and data protection laws, You will notify Docusign at security@docusign.com without undue delay in writing (and in any event within no more than 24 hours) whenever You, upon reasonable discovery, become aware of a Data Incident.
5.6 Security Review. In addition to the mandatory security review required for the publication of an Extension App, Docusign, or a third party selected by us, may conduct a security review of any Extension App at any time, including for the purpose of ensuring that You have security protocols in place to prevent Data Incidents. You agree to reasonably cooperate with such testing and produce relevant records upon request. You further agree that Docusign, its agents or contractors conducting the testing are not responsible for any adverse effects on the operation of Your Extension App or business. Any nonpublic information obtained by Docusign or selected third parties during a security review shall be treated as Your Confidential Information.
6. ARTIFICIAL INTELLIGENCE USE AND DISCLOSURE. You will disclose to Docusign (during the Extension App review process) and Extension App Users any artificial intelligence or machine learning technologies, features, or functionality in Your Extension App. You will comply with all applicable laws, regulations, and third party rights (including but not limited to intellectual property and privacy rights) in providing the same.
7. COMPLIANCE
7.1 Export. You may not access, download, use or export materials on the Docusign App Center in violation of U.S. export laws or regulations or in violation of any other applicable export or import laws or regulations. You agree to comply with all export laws and restrictions and regulations of any U.S. agency, foreign agency or authority. You acknowledge that the Extension Apps, documentation and Developer Tools are subject to the U.S. Export Administration Regulations (the “EAR”) and You shall comply with the EAR. You represent and warrant that: (a) You are not located in, and shall not use the documentation and Developer Tools from, any country that is subject to U.S. export restrictions; and (b) You are not prohibited from participating in U.S. export transactions by any federal agency of the U.S. government. In addition, You are responsible for complying with any local laws that may impact Your right to import, export or use the documentation and Developer Tools.
7.2 Applicable Laws. You will comply with all applicable laws, regulations, and third party rights (including the import or export of data or software, privacy, and local laws).
7.3 Code of Conduct. You agree to adhere to the Docusign Global Supplier Code of Conduct. In addition, You agree that You:
(a) shall not make any misrepresentations to Extension App Users;
(b) will not engage in any unethical behavior or other behavior that, in Docusign’s sole discretion, causes reputational harm to Docusign;
(c) will not allow anyone under the age of 13, or anyone under the majority legal age in the country where You are building Your Extension App to access the Extension App;
(d) will not use Docusign APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other Docusign policies;
(e) will not make any determinations that may result in the Docusign platform or App Center being deemed regulated or that may impose any obligations or limitations on Docusign; and
(f) will require Your Extension App Users to comply with and not knowingly violate applicable law, regulation, and Docusign policies.
8. TERM AND TERMINATION.
These Terms shall be in effect and govern Your publication and distribution of Your Extension App for the time period that Docusign authorizes You to maintain Extension Apps in the App Center. If you materially breach these Terms, Docusign may immediately terminate Your access to the App Center and remove Your Extension App listings and Extension Apps from the App Center.
In the event of a termination, the following sections shall survive and remain in full force and effect: Section 2 (Intellectual Property), Section 5 (Privacy & Security), Section 7 (Compliance), Section 8 (Confidential Information) Section 8 (Term and Termination), and Section 10 (Warranties & Indemnification).
9. CONFIDENTIAL INFORMATION. You, as an App Developer, may receive from Docusign updates and information that is Confidential Information. You agree to be bound by the restrictions of use and nondisclosure terms in the DocuSign Developer Terms and Conditions (Section 11 “Confidentiality”)
10. WARRANTIES, INDEMNIFICATION AND LIMITATION OF LIABILITY. Warranties, limitations of liability, and indemnification obligations in relation to Extension Apps You launch in Our App Center shall be governed by the Docusign Developer Terms and Conditions.
11. GENERAL
11.1 Relationship. At all times, You and Docusign are independent contractors, and are not the agents or representatives of the other. These Terms are not intended to create a joint venture, partnership, or franchise relationship between the parties. Non-parties do not benefit from and cannot enforce these Terms. There are no third-party beneficiaries to these Terms. You must not represent to anyone that you are an agent of ours or are otherwise authorized to bind or commit us in any way without our prior written authorization.
11.2 Assignability. Unless such restriction is prohibited under applicable law, you may not assign your rights or obligations under these Terms without our prior written consent. If consent is given, these Terms will bind your successors and assigns. Any attempt by You to transfer your rights, duties, or obligations under these Terms except as expressly provided in these Terms is void. We may freely assign our rights, duties, and obligations under these Terms at any time, with or without notice to You.
11.3 Notices. Except as otherwise permitted by these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent using: (a) Docusign Services; (b) certified or registered mail; or (c) insured courier, to the appropriate party at the address set forth in your registration information or on the Site for Docusign, with a copy, in the case of Docusign, to legal@docusign.com. You or we may change our address for receipt of notice by notice to the other party in accordance with this Section 11.3. Notices are deemed given upon receipt if delivered using Docusign Services, two (2) business days following the date of mailing, or one (1) business day following delivery to a courier.
11.4 Force Majeure. Except for any payment obligations, neither You nor we will be liable for failure to perform any obligation under these Terms to the extent such failure is caused by a force majeure event (including acts of God, natural disasters, war, civil disturbance, action by governmental entity, strike, and other causes beyond the party’s reasonable control). The party affected by the force majeure event will provide notice to the other party within a commercially reasonable time and will use commercially reasonable efforts to resume performance as soon as practicable. Obligations not performed due to a force majeure event will be performed as soon as reasonably possible when the force majeure event concludes.
11.5 Governing Law & Venue. These Terms will be interpreted, construed, and enforced in all respects in accordance with the local laws of the State of California, U.S.A, without reference to its choice of law rules to the contrary. For purposes of determining the governing law, you and Docusign agree that Docusign is the proponent of these Terms. Notwithstanding your and Docusign’s agreement to mandatory arbitration, either party may seek any interim or preliminary injunctive relief from a court of competent jurisdiction in San Francisco, CA, as necessary to protect the party's rights or property pending the completion of arbitration. You and Docusign submit to the exclusive jurisdiction of, and venue in, any federal or state court of competent jurisdiction located in San Francisco, California, U.S.A.
11.6 Language and Translations. Docusign may provide translations of these Terms or other terms or policies. Translations are provided for informational purposes and if there is an inconsistency or conflict between a translation and the English version, the English version will control.
11.7 Waiver. The waiver by either you or Docusign of any breach of any provision of these Terms does not waive any other breach. The failure of any party to these Terms to insist on strict performance of any covenant or obligation in accordance with these Terms will not be a waiver of such party’s right to demand strict compliance in the future, nor will the same be construed as a novation of these Terms.
11.8 Severability. If any part of these Terms is found to be illegal, unenforceable, or invalid, the remaining portions of these Terms will remain in full force and effect. If any material limitation or restriction on the grant of any license to you under these Terms is found to be illegal, unenforceable, or invalid, the license will immediately terminate.
11.9 How to Contact Us. If you have any questions about the App Center or the Terms, pricing, complaints, or other inquiries, please contact Docusign at 221 Main Street, Suite 1000, San Francisco, CA, 94105, United States, or by calling from the U.S. (800) 379-9973. California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.