Terms of Service

Citrus Send provides tools for:

• sending files through share links;
• delivering files by email;
• requesting electronic signatures;
• sharing live notes that other people can read or edit; and
• storing signed copies and associated signing records.

Some features require an account.

You are responsible for choosing the feature that is appropriate for what you are trying to do.

You are responsible for keeping your account, your password and the codes we email you secure.

You must provide accurate information when creating an account and must not use another person's account without permission.

You are responsible for activity carried out through your account unless you have promptly told us that the account has been compromised.

We may suspend or close an account where we reasonably believe it is being used unlawfully, abusively, fraudulently or in breach of these Terms.

You keep your rights in the files you upload.

By uploading a file, you give Citrus Send the limited permission needed to store, process, transmit and display that file solely to provide the service you requested.

You must have the rights and permissions necessary to upload, share and request signatures on the files you provide.

You must not upload or share material that you do not have the right to use.

You must not use Citrus Send to distribute unlawful material, malware or material intended to cause harm.

You can create a share link without an account.

You are responsible for choosing who receives a share link and for sharing it only with people you intend to receive the file.

Anyone who has access to a share link may be able to access the files available through that link.

You should not publish or distribute a private share link publicly unless that is what you intend.

When a share expires, the associated files are deleted. Expiry is a deletion process, not simply a change in visibility.

We cannot recover files after they have been deleted following expiry.

A one-time link is intended for a single download.

It stops working shortly after its first download.

You are responsible for choosing whether a one-time link is appropriate for your file and recipient.

Where you use email delivery, you are responsible for providing the correct recipient address and for having a reasonable basis to send the file to that recipient.

Delivery depends partly on third-party email systems. We cannot guarantee that every email will arrive immediately or will not be filtered as spam.

Creating a live note requires an account. Reading one, and writing in one where its owner allows it, does not.

As the owner of a live note, you are responsible for choosing who receives its link and whether that link allows reading only or editing as well.

Anyone holding a link that allows editing can change or remove the note's text and files. People who edit through a shared link are not identified by name.

You are responsible for the content you write in or attach to a live note, whether or not you own it.

A live note's expiry restarts each time it is edited. Once a note has closed or expired, its text and files are deleted and cannot be recovered.

A signing request allows you to ask another person to sign a document electronically through Citrus Send.

You are responsible for:

• the document you provide;
• the people you invite;
• the signing fields you place;
• the order in which people are asked to sign, where you choose one; and
• determining whether the document is suitable for electronic signing.

Unless you choose to have people sign in order, every signer is sent their request at the same time and each may sign independently of the others.

If you choose an order, each signer is sent their request only after everyone before them has signed. If anyone rejects the request, it ends for everyone, and signers who have not yet been sent their request are not contacted.

A signer is responsible for reviewing the document before signing it.

A signer must not sign on behalf of another person unless they are legally authorised to do so.

A signer may reject a signing request instead of signing it.

A rejected signing request is recorded as rejected and is not treated as a completed signature.

If you receive a signing request that you were not expecting, contact the person who sent it.

Citrus Send does not decide whether the underlying agreement is valid or whether the parties were entitled to enter into it.

Citrus Send provides a mechanism for creating electronic signatures.

An electronic signature made through Citrus Send is intended to satisfy the requirements applicable to electronic signatures under the Electronic Commerce Act 2006, where that Act applies and the requirements of the particular transaction are met.

The service does not create a digital signature under the Digital Signature Act 1997.

Citrus Arc Studio is not a licensed certification authority under that Act and does not issue digital-signature certificates.

The fact that a document can be signed through Citrus Send does not mean that every law, contract, court or authority will accept that document in electronic form.

You are responsible for determining whether electronic signing is appropriate for your document.

The Electronic Commerce Act 2006 does not apply to certain documents and transactions, including:

Other documents may also be subject to separate legal requirements concerning their form, witnessing, certification, filing or registration.

Citrus Send does not determine whether a particular document can legally be signed electronically.

If you are unsure, obtain appropriate legal advice before using an electronic signature.

Citrus Send verifies control of the email address to which a signing request was sent.

This does not mean that Citrus Send verifies the signer's legal identity.

If a transaction requires identity verification, identification documents, a witness, notarisation, certification or another stronger form of authentication, you are responsible for arranging it.

For each completed signing request, Citrus Send may retain information including:

• who was invited;
• when the request was sent;
• when the request was opened;
• when the signer signed or rejected the request;
• confirmation that the signer agreed to sign electronically; and
• a one-way hash derived from the relevant IP address.

This information forms part of the signing audit trail.

A certificate page containing relevant signing information may be included in the signed copy.

A signed copy may also contain a cryptographic seal designed to make later alteration of the file detectable.

You must not use Citrus Send:

• for unlawful activity;
• to distribute malware or other malicious code;
• to upload material that infringes another person's intellectual property, privacy or other rights;
• to impersonate another person;
• to send fraudulent or deceptive material;
• to harass, threaten or abuse another person;
• to send unsolicited communications or files at scale;
• to bypass access controls, rate limits or other security measures;
• to interfere with the operation of the service;
• to test, probe or attack the security of the service without our permission; or
• in any way that could reasonably cause harm to Citrus Send, Citrus Arc Studio or other users.

We may remove content, cancel or revoke access, reject or stop requests, suspend accounts, or take other reasonable action where we believe the service is being misused or these Terms are being breached.

Where appropriate, we may also cooperate with law enforcement or other authorities.

We aim to keep Citrus Send available and reliable, but we do not promise that the service will be uninterrupted, error-free or available at all times.

The service may be temporarily unavailable because of maintenance, upgrades, technical failures, security incidents, third-party services, network problems or circumstances outside our reasonable control.

Third-party services used by Citrus Send may also experience outages or limitations.

We design the service so that files and signing records are handled according to the retention rules described in the Privacy Notice.

However, you should not treat Citrus Send as your only copy of an important document.

You are responsible for keeping your own copies of important original files and signed documents.

We are not responsible for recovering a file that has been deleted after a share expires or for restoring data that is no longer available through the service.

Citrus Send, including its software, interface, branding, text, graphics and other service materials, belongs to Citrus Arc Studio or its licensors.

You may use the service only as permitted by these Terms.

You must not copy, modify, reverse engineer, reproduce, redistribute or commercially exploit the service or its underlying software except where applicable law expressly permits it.

Nothing in these Terms transfers ownership of Citrus Send or its intellectual property to you.

Citrus Send relies on third-party providers for infrastructure and other services.

Those providers may have their own terms and privacy policies.

We are not responsible for services operated independently by third parties.

Some Citrus Send features may be offered as paid features or plans.

Where a feature requires payment, the applicable price and terms will be shown before you purchase or activate it.

Unless otherwise stated, fees are for the selected service period and are not refundable merely because you stop using the service before that period ends.

We may change prices or introduce new paid features, but changes will not affect a paid period that has already been purchased unless otherwise agreed or required by law.

Citrus Send may display advertising, including advertising on pages viewed by recipients.

Advertising does not give advertisers access to the files you upload or the personal data held by Citrus Send beyond what is necessary for the advertising service to operate.

Advertising packages and placement are subject to the terms presented when an advertiser purchases a campaign.

Our Privacy Notice explains how Citrus Send collects, uses, stores and protects personal data.

By using Citrus Send, you acknowledge that your personal data will be handled as described in that notice.

A sender may cancel a signing request where the service allows it.

A sender may revoke a share where the service allows it.

Cancellation or revocation stops the relevant request or access but does not necessarily delete records that we are required or permitted to retain.

Signed agreements and their audit trails are retained according to the Privacy Notice.

You may stop using Citrus Send at any time.

Where the service allows you to delete your account, account information will be handled according to the Privacy Notice.

Deleting an account does not automatically delete signed agreements, signing audit trails or other information that we are required or permitted to retain.

Citrus Send is provided on an "as available" basis.

To the extent permitted by law, we do not guarantee that:

• the service will always be available;
• every file will be delivered successfully;
• every email will be delivered or received;
• every signing request will be completed;
• a recipient or signer will open or act on a request;
• an electronic signature will be accepted for every document or transaction; or
• the service will meet every particular business, legal or regulatory requirement applicable to you.

You are responsible for determining whether Citrus Send is appropriate for your particular use.

Nothing in these Terms excludes or limits a right or liability that cannot lawfully be excluded or limited.

To the fullest extent permitted by law, Citrus Arc Studio will not be liable for indirect, incidental, special, consequential or loss-of-profit damages arising from your use of Citrus Send.

This includes loss resulting from:

• interruption of the service;
• failure or delay in email delivery;
• deletion of files following expiry;
• unauthorised access resulting from your failure to protect a link or account;
• the actions or omissions of a recipient or signer; or
• your decision to use an electronic signature where another form of signing was required.

To the fullest extent permitted by law, Citrus Arc Studio's total liability arising from your use of Citrus Send will not exceed the amount you paid to Citrus Arc Studio for the relevant service during the twelve months before the event giving rise to the claim.

This limitation does not apply to liability that cannot legally be limited or excluded.

To the extent permitted by law, you agree to compensate Citrus Arc Studio for reasonable losses, claims, liabilities and expenses arising from your unlawful use of Citrus Send, your breach of these Terms, or your violation of another person's rights.

We will not seek indemnification for losses caused by our own fraud, wilful misconduct or liability that cannot lawfully be transferred to you.

We may update these Terms when the service, our business or applicable legal requirements change.

When we make a material change, we will update the date at the top of these Terms and, where appropriate, provide notice through the service.

Your continued use of Citrus Send after the updated Terms take effect means that you accept the updated Terms.

These Terms are governed by the laws of Malaysia.

Any dispute arising from or relating to Citrus Send or these Terms will be subject to the courts of Malaysia, subject to any rights or remedies that cannot lawfully be excluded.

If you have a question about these Terms or the service, contact: