DOCUSIGN ID VERIFICATION ATTACHMENT for DOCUSIGN SIGNATURE

Service Attachment version date: November 16, 2021.

Unless otherwise defined in this DocuSign ID Verification Attachment for DocuSign Signature (the “Service Attachment”), capitalized terms will have the meaning given to them in the Agreement.

1.     DEFINITIONS

“DocuSign ID Verification” (or the “IDV Service”) means the DocuSign Service that provides identification verification services to parties executing eDocuments using DocuSign Signature. The IDV Service allows a Customer to verify the identity of a Signer prior to Signer executing an eDocument sent by Customer through DocuSign Signature.

“Customer Verification” means configuration for Signer Identification set by the Customer that a) deviates from the settings established by IDV Service or the IDP or b) validates the identity of a Signer when the IDV Service or the IDP has rejected a Signer Identification.

“Identity Provider(s)” (or “IDP”) means the third-party service authorized to confirm the identity of a Signer by verifying a form of Signer Identification as part of the IDV Service. 

“Signer” means, solely for purposes of this Service Attachment, a Signer (as defined in the Service Schedule for DocuSign Signature) who is requested to verify their identity through the IDV Service prior to electronically signing an eDocument.

“Signer Identification” means any data identifying a Signer that is collected by Customer through the IDV Service for the purpose of confirming the identity of such Signer. Such data may include a government-issued identification (e.g., a passport) or identification issued to Signer by a bank or national authority (e.g., an electronic ID), or Signer-held certificate (e.g., an electronic national ID card or equivalent delivered by a national authority).

2.    CUSTOMER RESPONSIBILITIES

2.1  DocuSign’s provision of the IDV Service is conditioned on Customer’s acknowledgement of, and agreement to, the following:

(a)   The IDV Service facilitates the verification of Signer’s identity as part of a transaction with the Customer. DocuSign makes no representation or warranty regarding the validity or authenticity of any Signer Identification processed as part of the transaction between Signer and Customer using the IDV Service;

(b)   Customer may use the IDV Service solely for the purpose of verifying the identity of a Signer as part of the execution of eDocuments within DocuSign Signature;

(c)   DocuSign may audit Customer’s use of the IDV Service to ensure compliance with the terms of the Agreement. This audit shall be limited to the production of documents by Customer to DocuSign. If necessary, Customer shall comply with reasonable remediation actions identified by DocuSign; 

(d)   Customer shall not use the IDV Service for the purpose of engaging in any pornographic business, any non-regulated gambling business, any illegal activities, false advertising, or to deliver regulated products and/or services without the necessary licenses in place. Failure to comply with this provision may result in DocuSign’s termination of Customer’s use of the IDV Service; and

(e)   Customer may utilize Customer Verification to validate Signer Identity.  In each case where Customer utilizes this functionality, Customer is solely responsible for the Signer Identification and any resulting legal or commercial losses or liabilities, (ii) further represents and warrants that the identification it performs complies with all relevant laws and regulations, (iii) is solely responsible for the configuration of the content of Signer Identification data to be stored by DocuSign, if any, and the definition of the retention period for such data, and (iv) will defend and indemnify DocuSign from any resulting third parties claims.