Marksign.eu Terms and Conditions

These Terms of Use last updated on and in effect since 21 of September 2023

1. Definitions

1.1. API Integration is a service provided by the Service Provider under the Services Agreement to the Client, in accordance with the given instructions, to integrate the provision of Services in its information system and set it up in a way that is convenient for the Client to use.

1.2. Personal Data means any information relating to an identified or identifiable natural person (data subject) whose identity is known or can be directly or indirectly established by means of data such as a personal identification number, one or more physical, physiological, psychological, economic, cultural or social characteristics specific to the person, data on the person’s location and an online identifier.

1.3. Document is a document formed in digital format and uploaded to the Platform.

1.4. eIDAS Regulation is Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC.

1.5. Client is any natural or legal person who uses the services provided by the Service Provider and/or concludes an agreement with the Service Provider for the provision of services.

1.6. Document Validation is an electronic service consisting of: (a) the creation, verification and validation of electronic signatures, electronic seals or electronic time stamps, electronic registered delivery services and certificates related to those services, or; (b) the development, verification and validation of authentication certificates for websites, or; (c) long-term storage of electronic signatures, seals or certificates relating to those services

1.7. Qualified Electronic Signature is an electronic signature created by a qualified electronic signature creation device and based on a qualified certificate for electronic signatures.

1.8. Qualified Electronic Certificate is a certificate in electronic form which links electronic signature validation data to a natural person and which certifies at least that person’s first and last name or pseudonym, and which meets the requirements for a qualified certificate and is drawn up by a qualified trust service provider. Such a certificate is issued together with the data on the creation of the electronic signature.

1.9. User means any natural person whom the Client adds to the Account created by the Client and who can also use the Services.

1.10. Offer is the Purchase or Service Provision Offer submitted by the Service Provider to the Client and recorded on the Platform, when the Client seeks to acquire plans “Flexible” (“Lankstus”), “For a Professional” (“Profesionalui”), “For a Team” “Komandai”) as well as additional signatures

1.11. Account is an account created by the Client on the Self-Service Platform of the Service Provider.

1.12. Services mean the ability to use the Platform, upload, sign Documents with a qualified electronic signature, store, view, download, share them with other persons, perform Document Validation and use other functions installed on the Platform. Services can be provided on the Platform or integrated through API integration.

1.13. Service Provider is UAB Mark ID, entity number 305098955, registered at Žalgirio g. 90-100, Vilnius, registered office address Žygio g. 97A, Vilnius.

1.14. Plan is the Service Plan offered by the Service Provider, which the Client can choose after the Client’s identity authentication based on the number of signatures per month, price, number of Users and other Services. Descriptions of Plans, terms and conditions of purchase and payment are published on the Service Provider’s Website: https://www.marksign.eu/electronic-signatures/pricing/

1.15. Platform – Platform is an online platform administered by the Service Provider at the address https://marksign.lt, where the Client can log in and use the Services.

1.16. Privacy Policy is a document placed on the Platform, which provides for the main rules for the collection, accumulation, processing and storage of Personal Data applicable when using the Platform. It is required to read the Privacy Policy when registering on the Platform and then repeatedly at any time on the Platform.

1.17. Certificate is the public key, together with the additional information specified in the certificate profile, which cannot be forged because it is encrypted using the public key of the certification authority that issued it.

1.18. Agreement is an agreement for provision of services signed between the Client and the Service Provider, based on which a tailored Service Plan is provided.

1.19. Terms of Use are these terms of use of the Platform, which define the Services provided on the Platform, the obligations and responsibilities of the Client and the Service Provider.

2. Validity and amendment of Terms of Use

2.1. The Client may use the Platform and the Services only after reading the Privacy Policy as well as reading and accepting these Terms of Use.

2.2. By ticking the box “I confirm that I have read the Privacy Policy of the use of Platform https://marksign.lt/ and have read and accept the Terms of Use of the Platform” (or a sentence of different content, if a sentence other than the one specified in this paragraph is provided), the Client confirms having attentively, carefully read and is aware of the Terms of Use and Privacy Policy, they are clear and understandable to the Client, the Client freely accepts the Terms of Use and undertakes to comply with them unconditionally. The Terms of Use of the Platform and the Privacy Policy can be read by clicking on the aforementioned sentence or its part during the Client’s registration, i.e., when creating the personal account on the Platform, as well as later at any time in the Client’s personal account.

2.3. It is stated for the sake of clarity, that no situation is possible where the Client agrees and undertakes to comply with the Terms of Use with certain exceptions.

2.4. The Service Provider has the right to amend the Terms of Use and the Privacy Policy in part or in full without separate notice. All amendments or supplements to the Terms of Use and the Privacy Policy take effect from the moment of their publication on the Platform, unless the later date of entry into effect of the amendments or supplements is clearly and unambiguously indicated on the Platform. The Client must read and comply with all amendments or supplements to the Terms of Use and Privacy Policy.

3. Using the Platform

3.1. In order to use the Platform, the Client must register and/or log in, authenticating the Client‘s identity, select the Plan and create an Account.

3.2. The Client registers or logs in using the Qualified Electronic Certificate based on the selected type of Qualified Electronic Certificate (e.g., Smart-ID, M-signature, etc.).

3.3. In the Account, the Client has the right to use the Services, the scope of which depends on the chosen Plan, to change the Plan and to use other functions provided by the Platform. Detailed descriptions and procedure for creating an Account, selecting, changing and opting out of the Plan and other Services and functions provided on the Platform are available on https://support.marksign.eu/

3.4. The Client agrees that settlement for the selected Plan will be made as automatic payments. Having chosen the Plan, the Client indicates the details of the bank card from which automatic payments will be deducted. The Client has the right to choose the billing periodicity which is indicated next to the choice of the Plan. In this regard, automatic payments can be made once a year or monthly. In any case, after an automatic payment is deducted, the Service Provider will issue a VAT invoice to the Client for the amount charged by the 10th day of the current month.

3.5. If the Service Provider fails to deduct an automatic payment, the Plan is not activated and the order placed is cancelled. In order to restore the provision of services, the Client must re-select the Plan.

3.6. The Client may be offered a tailored package of Services by signing a separate agreement. In that case, the provision and settlement of services is carried out the procedure and within time limits specified in the Agreement.

3.7. The Client undertakes to protect the login data to the Platform with maximum efforts, to take all available measures to ensure security of the data and not to disclose it to any third parties either directly or indirectly. In no case the Service Provider is liable for damages that would arise if the login data to the Platform became known to third parties due to circumstances beyond the Service Provider’s control.

3.8. The Client, who uses the Account as a representative of a legal entity, by agreeing to these Terms of Use at the same time confirms that he/she has the right to represent the legal entity, sign the Documents on its behalf, add additional Users to the Account, store Documents of the legal entity in the Account, receive and pay VAT invoices and take all the other actions necessary for using the Services on behalf of the legal entity. The Client representing a legal entity confirms and warrants that if the Service Provider reasonably requests to prove the basis for representation, the Client will be able to fulfil such request of the Service Provider.

3.9. When using the Platform, the Client shall follow the descriptions of functionalities provided on the Website and the procedure for their operation published on https://support.marksign.eu/. If the Client does not succeed in using a certain functionality or has questions about the usage procedure, the Client may contact the Service Provider by e-mail pagalba@markid.lt.

3.10. The Client uses the Platform for legitimate personal purposes (if the Client is a natural person) or internal business purposes (if the Client is a legal entity). The Client ensures that the Platform will not be used to upload, share or store any illegal, harmful content infringing the privacy or intellectual property of another person, or inciting hate.

3.11. The Client must not use the Platform in violation of applicable legislation, try to obtain unauthorised access to the Platform or its related systems (or to hack into them), modify the Platform, try to disrupt or terminate functioning of the Platform or the software or systems supporting it. Having noticed the Client’s unlawful actions, the Service Provider has the right to immediately suspend provision of the Services, cancel the Client’s Account and claim damages.

4. Data security and personal data processing regulations

4.1. Provisions concerning data security are provided for in these Terms of Use and in the Privacy Policy, which the Client must read.

4.2. The Client is informed that the Client’s Personal Data provided for the purpose of using the Services will be managed and processed by the Service Provider for the purposes, by means and in the manner provided for in these Terms of Use, in the Privacy Policy and legal acts.

4.3. The Client is informed that the Service Provider will process the following Personal Data of the Client for the purposes of direct marketing: the name, surname / name; phone number; e-mail address. Personal Data shall be processed for direct marketing purposes only in the procedure established in these Terms of Use and the Privacy Policy in accordance with the Service Provider’s legitimate interest to provide offers and newsletters, advertising and other information related to the Service Provider’s activities, services, etc. The Client has the right to object at any time to the processing of his/her Personal Data for direct marketing purposes. Such an objection may be submitted in the procedure set out in the Privacy Policy.

4.4. The Client has the right to access his/her Personal Data, to change, update the data provided to the Service Provider at any time, to request the rectification, erasure and restriction of data processing, as well as other rights provided for in the GDPR. The Client may exercise his/her rights by submitting a written request to the Service Provider in the procedure set out in the Privacy Policy.

4.5. If the Client wishes to change those Personal Data that are related to the data of the Qualified Electronic Certificate, i.e. the name, surname, the Client must contact his/her electronic signature provider for the change of such Personal Data.

4.6. Provisions concerning data security may also be set out in a separate Personal Data Processing Agreement which the Client must read when the Services are provided according to the tailored Plan and a separate Services Agreement is signed.

4.7. The Service Provider undertakes to observe confidentiality in mutual relations, not to disclose to third parties personal information that has been made known on the basis of cooperation. The Client’s data may be disclosed to third parties only in the procedure set forth by the legal acts of the Republic of Lithuania.

4.8. The Client is aware that the Service Provider does not have access to the Documents uploaded by the Client in the Account, and the Service Provider does not check or monitor the content managed by the Client and is not responsible for this if the content uploaded by the Client does not comply with the requirements of the law or these Terms of Use.

5. Liability

5.1. The Client is fully responsible for the correctness of the submitted confirmations, data and documents, compliance of their content with the Terms of Use and legal acts of the Republic of Lithuania. If the Client provides false confirmations, inaccurate data, invalid documents, the Service Provider shall not be liable for the consequences arising therefrom.

5.2. The Service Provider shall not be liable for technical failures in the operation of the qualified electronic certificate held by the Client, which may lead to a malfunction in the use of the Services.

5.3. Failing to comply with these Terms of Use, the Client assumes the risk of the consequences which arise as a result.

5.4. The Service Provider shall not be liable for any interruptions in the Services or errors in the software and any associated costs, direct or indirect damages or lost profits, and shall not pay compensation for any inconvenience that the Client may encounter.

5.5. The Service Provider does not guarantee that the functionalities on the Platform will meet the Client’s expectations or requirements.

6. Intellectual property

6.1. The Platform and the rights to it are the result of the Service Provider’s intellectual property, protected by the legislation governing intellectual property.

6.2. The Client and other third parties may use the Service Provider’s trademark, such as logos and brand name, only with the prior written consent of the Service Provider before making them public in publications and websites.

7. Termination of Services

7.1. The Client may stop using the Services by opting out of the Plan ordered on the Website at any time. The price of the Services paid before the date of termination of the Services shall not be refunded, regardless of the period for which it was paid.

7.2. The Client may terminate provision of the Services based on the tailored Plan and the signed separate Services Agreement in the procedure established in that Agreement.

7.3. The Service Provider reserves the right to terminate provision of the Services if the Client does not pay the Service Provider in the procedure set out in these Terms of Use.

7.4. The Service Provider reserves the right to immediately terminate provision of the Services without notice if the Client or the User violates these Terms of Use or uses the Services to achieve illegal purposes.

8. Force majeure

8.1. The occurrence of force majeure and the ensuing legal consequences are regulated by the provisions of Article 6.212 of the Civil Code of the Republic of Lithuania, and the list of force majeure circumstances is defined in the Resolution of the Government of the Republic of Lithuania on Approval of the Procedure for Issuing Certificates Evidencing Circumstances of Force Majeure.

8.2. The Service Provider shall not be liable for non-performance or partial non-performance of the assumed obligations due to special circumstances which could not have been anticipated, avoided or eliminated by any means (force majeure). In such circumstances, the deadline for performance the Service Provider’s obligations shall be extended.

8.3. The Service Provider must notify the Client about force majeure within 5 (five) working days after their occurrence and provide evidence that all reasonable actions and precautions have been taken to mitigate costs or negative consequences. In addition, Service Provider will set possible deadlines for performance of obligations. In the event of the disappearance of the circumstances that have prevented performance of the obligations, a notice is also required.

9. Final provisions

9.1. The Client is informed that in the event that his/her Account on the Platform has been inactive for more than 6 months, i.e., the Plan has expired or the Plan Agreement has been terminated, the Service Provider reserves the right to delete the Client’s Account. After deleting the Client’s Account, all Documents and data uploaded by the Client are deleted. In order for the Client to use the Services after deleting the Account, the Client will have to complete a new registration.

9.2. The Service Provider does not represent or warrant that any particular pricing plan will be offered for an unlimited period of time, and the Service Provider reserves the right to change the prices or functions and options provided for in the pricing Plans without prior notice. These changes are not automatically applicable to existing Plans. New pricing and Offers are applied to Clients when ordering new Plans and/or additional signatures.

9.3. These Terms of Use, the agreements concluded between the Client and the Service Provider and their interpretation shall be governed by the law of the Republic of Lithuania.

9.4. Any disagreements and disputes between the Client and the Service Provider regarding these Terms of Use shall be resolved by amicable efforts of the Parties. If the Parties do not succeed to reach an agreement, all unresolved disputes, disagreements and claims regarding or related to these Terms of Use, their violation, revocation or validity shall be resolved in the competent court of the Republic of Lithuania.

9.5. If you have any questions, observations or complaints about these Terms of Use, you may contact our team by email pagalba@markid.lt.