SharePoint eSignature terms of service

Effective as of: July 15, 2025

These Terms of Service (the "Terms") are an agreement between (a) a User and (b) Microsoft Corporation (or one of its affiliates) ("Microsoft"), that governs access to and use of the SharePoint eSignature service ("Service") by Senders and Recipients. A User means either a Sender or a Recipient as further described in these Terms.

By agreeing to use the Service – including to upload or deliver a Contract (as a Sender) or to open, review, decline or electronically sign a Contract (as Recipient) – User agrees to these Terms. Additionally:

  • If User is an entity, User acknowledges and agrees that the individual who accepts these Terms is authorized to do so on User's behalf and that User agrees to be bound to these Terms pursuant to such individual's acceptance.

  • A Sender's use of the Service is subject to the Microsoft Product Terms governing Sender’s use of the Online Services and applicable product documentation, in addition to these Terms. In the event of a conflict between these Terms and Sender’s Microsoft Product Terms, these Terms will control solely to the extent of such conflict and solely as it applies to Sender’s use of the Service under these Terms.

  • Recipient's use of the Service is only possible due to Sender's subscription under which Sender acquired a license for the Services from Microsoft. Recipient acknowledges and consents with the terms of the Microsoft Privacy Statement – Microsoft privacy, which describes the types of data that Microsoft collects from Recipient and Recipient’s devices, how Microsoft uses Recipient's data, and the legal bases Microsoft has to process such data; as well as how Microsoft uses Recipient's content, which includes content contained within communications with others via the Services.

THE SERVICE

1. The Service enables Users to send and receive terms, agreements and other contracts in electronic form ("Contracts") to or from other Users, and to capture a User’s electronic signature to such Contract. User's use of the Service is as one of two types of Users: (a) a "Sender" or (b) a "Recipient."

2. The Service is intended only for use with Contracts that accept "simple" signatures as defined under applicable law including, but not limited, to the Regulation (EU) No 910/2014 (the eIDAS Regulation), and that are subject to or governed by the laws of the countries listed at Overview of SharePoint eSignature. The electronic signatures utilized within this Service do not classify as "advanced electronic signatures", "qualified electronic signatures," or similar types of signatures as defined under applicable law (such as the eIDAS Regulation). Users are responsible for the collection and preservation of documents and materials that substantiate and prove the due execution of the relevant documents and shall assume and undertake the relevant risks and liabilities.

3. Users are responsible for obtaining independent legal advice regarding any Contract prior to sending (as a Sender) or signing (as a Recipient) such Contract. Users are responsible for ensuring (a) that the content of any Contract that a User sends or receives through the Service is accurate, binding, legally enforceable or fit-for-purpose; (b) the sufficiency of the Contract for the transaction between Sender and other Recipients to the Contract; (c) the Contract’s compliance with applicable law; and (d) the appropriateness of using the Service to send, receive or electronically sign such Contract, including the use of simple signatures as defined under applicable law. The Service may not be suitable for use with all Contracts, including those that do not accept simple signatures as defined under applicable law.

4. Microsoft does not endorse, support, or guarantee the accuracy, completeness, performance, or legality of any Contract, including, for clarity, that such Contract may be entered through the use of electronic documents or electronic signatures. Microsoft does not make any representations, warranties or guarantees that a Recipient’s use of the Service, or their electronic signature made to any Contract, will be valid.

5. The Service may only be used to facilitate the delivery and/or execution of Contracts between the parties to those Contracts, and may not be used for, or to facilitate, any unlawful or other impermissible transaction or purpose. Nothing in these Terms or the Service may be construed to make Microsoft or any of its affiliates a party to any Contract.

USERS

1. Senders

A Sender is a User that may use the Service to upload and send a Contract to one or more designated Recipients, in order to capture such Recipients' electronic signatures to the Contract.

When using the Service as a Sender, Sender agrees to the following terms:

  • Responsibility for Contracts. Sender has exclusive control over and sole responsibility for the content, accuracy, quality, enforceability, and format of any Contract, as well as for determining whether the Contract is of a class or type that may be entered into through use of the Service. Microsoft is not responsible for, and has no control over, a Contract’s contents. Microsoft does not review, scan or otherwise access the contents of any Contract and does not obtain any right, title or interest in any Contract, including any intellectual property found within it.

  • Exceptions. Certain types of agreements and documents may be excepted from electronic signature laws, or may be subject to specific regulations regarding electronic signatures and electronic records. Microsoft is not responsible for determining whether any particular Contract (a) is subject to an exception to applicable electronic signature laws; or (b) can be legally formed by electronic signatures or with electronic documents.

  • Recipients. Sender is solely responsible for the accuracy and authenticity of any names and email addresses that it designates as a Recipient to receive a Contract through the Service. Microsoft has no obligation to verify the identity or confirm the accuracy of any Recipient or their name or email address, and has no responsibility or liability to Sender, any Recipient, or other interested party to the Contract, due to your own actions in providing incorrect or inaccurate Recipient information. Microsoft makes no warranty or representation that the name or email address of a Recipient used to sign a Contract actually belongs to the person purported to be bound by the Contract.

  • Consumer Contracts. Certain consumer protection or similar laws or regulations may impose special requirements with respect to electronic contracts involving one or more consumers (as that terms may be defined by such laws or regulations), such as requirements that the consumer consent to electronic contracting. Microsoft is not responsible for: (a) determining whether any particular Contract involves a consumer for the purpose of such laws or regulations; (b) providing any information or disclosures in connection with any Contract involving a consumer; (c) providing legal review of, or update or correct, any information or disclosures currently or previously given to any consumer; or (d) providing the consumer any copies or access to a Contract pursuant to any legal requirements. If any consumer is involved with any Contract, Sender is solely responsible for ensuring such Contract complies with applicable law, including with respect to the electronic formation, content and delivery, and the execution by electronic signature, of such Contract.

  • Authorized Users. Sender may designate one or more Authorized Users to access and use the Service on Sender's behalf, including to upload, deliver or withdraw Contracts, or any other Sender action as permitted under these Terms. Sender shall ensure that its Authorized Users use the Service in accordance with these Terms and shall be responsible for any actions or omissions in connection with the use of the Service by any Authorized Users, including the delivery of Contracts to Recipients through the Service. Sender is responsible for the security and use of any Service login credentials, whether by an Authorized User or other third party. Sender is responsible for its Authorized User’s use of the Service that does not comply with these Terms.

  • Withdrawing a Contract. Once a Contract is delivered to its designated Recipient(s), Sender may request the withdrawal of the Contract prior to all designated Recipients signing the Contract. Microsoft will make commercially reasonable efforts to promptly execute the withdrawal request, however, Microsoft does not guarantee that the withdrawal request will be executed, and the Contract withdrawn, before any or all Recipients sign the Contract. After a Contract is signed by all designated Recipients, the Contract may not be withdrawn through the Service. Sender agrees that it will not hold Microsoft liable for withdrawing a Contract upon its request, or if Microsoft is unable to withdraw a Contract prior to any or all designated Recipients signing the Contract.

  • Indemnification. To the extent permitted by applicable law, Sender will defend, indemnify and hold harmless Microsoft and its affiliates against any third-party claim (including claims made by a Recipient) to the extent such claim (a) arises from Sender’s use or election to use the Service in connection with a Contract or Sender’s breach of these Terms, or (b) alleges that (i) any Contract submitted to or transmitted by the Service misappropriates a trade secret or directly infringes a patent, copyright, trademark, or other proprietary right of a third party; or (ii) Sender’s use of the Service, alone or in combination with anything else, violates law or harms a third party, including such third party’s intellectual property rights.

2. Recipients

A Recipient is a User that receives a Contract from a Sender through the Service, who may then use the Service to provide an electronic signature to the Contract.

When using the Service as a Recipient, Recipient agrees to the following terms:

  • Electronic Contracts. When Recipient elects to access a Contract through the Service, Recipient acknowledges and agrees that Recipient (a) is accepting the delivery of the Contract, and is able to access and view such Contract, in the electronic form presented by the Service; and (b) has the software and hardware capabilities to open, review and electronically sign the Contract through the Service. The foregoing applies only to the receipt of the Contract in the electronic form presented by the Service, and does not supersede or otherwise affect any other acknowledgements, consents or agreements Recipient makes or has made to the Sender regarding the receipt, review or execution of any other information in electronic form.

  • Electronic Signatures. Recipient acknowledges and agrees that, should Recipient provide an electronic signature to the Contract, such electronic signature represents (a) a legally binding agreement to the terms of the Contract, (b) Recipient’s intent to be bound by such terms, and (c) that Recipient has the legal capacity and authority to electronically sign the Contract. Once a Contract is fully signed by all other Recipients of the Contract, Recipient may not annul, rescind or otherwise void Recipient's signature through the Service. The foregoing does not supersede or otherwise affect any other acknowledgements, consents or agreements Recipient makes or has made to the Sender regarding the agreement to be bound by the Contract or any other agreement with the Sender. If Recipient is an entity, Recipient acknowledges and agrees that the individual who signs a Contract through the Service is authorized to do so on its behalf and that Recipient agrees to be bound to the terms of the Contract pursuant to such individual’s signature to the Contract.

  • Declining a Contract. If Recipient, or any one of the other Recipients, declines to electronically sign a Contract, then the entire signature process of that document is cancelled to all Users.

  • Senders. Recipient is solely responsible for confirming the identity of the Sender of a Contract, as well as other Recipients associated with the Contract, if any. Microsoft makes no warranty or representation that the name or email address of the Sender or other Recipients associated with a Contract actually belong to the person(s) purported to be the Sender or Recipient (as applicable), or is bound by the Contract.

  • Disputes. If Recipient disputes any aspect of the Contract (for example, if the Contract does not represent the terms agreed to with the Sender, or it contains an error or inaccuracy), Recipient should not sign the Contract and should address such dispute with the Sender directly. Microsoft is not responsible for the formation or content of any Contract or resolving disputes among parties with respect to the Contract, including the formation or content of the Contract.

ACCESS AND USE RIGHTS

1. License. The Service is licensed and not sold. Subject to User’s compliance with these Terms, Microsoft grants User a nonexclusive, limited and revocable license to use the Service as provided in these Terms. This license is solely for Users own use and business purposes and may not be sub-licensed, assigned or commercially distributed or shared with any third party except as expressly permitted under these Terms.

2. Reservation of Rights. Microsoft reserves all rights not expressly granted in these Terms. The Service is protected by copyright and other intellectual property laws and international treaties. No rights will be granted or implied by waiver or estoppel. Rights to access or use the Service on a device do not give you any right to implement Microsoft patents or other Microsoft intellectual property in the device itself or in any other software or devices.

3. Restrictions. Except as expressly permitted in these Terms or Service documentation, User must not (and is not licensed to):

  • reverse engineer, decompile, or disassemble the Service, or attempt to do so (except where applicable law permits despite this limitation);
  • install or use non-Microsoft software or technology in any way that would subject Microsoft’s intellectual property or technology to any other license terms or otherwise infringe the intellectual property of any third party;
  • work around any technical limitations of the Service or restrictions in Service documentation;
  • separate and run parts of the Service on more than one device;
  • upgrade or downgrade parts of the Service at different times;
  • transfer parts of the Service separately; or
  • distribute, sublicense, rent, lease, or lend the Service, in whole or in part, or use them to offer hosting services to a third party.

CONFIDENTIAL INFORMATION

1. Confidential Information. "Confidential Information" is non-public information that is designated "confidential" or that a reasonable person should understand is confidential, including, but not limited to, User Data and User’s account authentication credentials. Confidential Information does not include information that (a) becomes publicly available without a breach of a confidentiality obligation; (b) the receiving party received lawfully from another source without a confidentiality obligation; (c) is independently developed; or (d) is a comment or suggestion volunteered about the other party’s business, products, or services. "User Data" means (a) the Contract and its contents (including title, dates and provisions), (b) the parties to the Contract, including Sender and Recipient names and email addresses, and (c) other information provided by User in connection with its use of the Service, such as User’s SharePoint sites’ names, User’s inputted messages (e.g., reasons given when declining or canceling a Contract), and telemetry data; and such User Data shall be deemed User's Confidential Information.

2. Protection of Confidential Information. User and Microsoft will each take reasonable steps to protect the other's Confidential Information and will use the other party’s Confidential Information only for purposes of its business relationship. Neither User nor Microsoft will disclose Confidential Information to third parties, except to its employees, affiliates, contractors, advisors, and consultants ("Representatives"), and then only on a need-to-know basis under nondisclosure obligations at least as protective as these Terms. User and Microsoft each remain responsible for the use of Confidential Information by its Representatives and, in the event of discovery of any unauthorized use or disclosure, must promptly notify the other party. The Microsoft Privacy Statement provides additional terms regarding the disclosure and how Microsoft handles User.

3. Disclosure required by law. User or Microsoft may disclose the other's Confidential Information if required by law, but only to the extent required by such law, and only after it notifies the other party (if legally permissible) to enable the other party to seek a protective order.

DOCUMENT STORAGE AND DELETION

1. Document Retention. Microsoft is not responsible for determining how long any Contract is required to be retained or stored under any applicable laws, regulations, or legal or administrative agency processes. User is solely responsible for ensuring that it retains a copy of the Contract for any legally required record retention period, and in such form or format as may be required under applicable law.

2. Availability of Contracts. A Contract will remain available for review and signature until Sender withdraws the Contract (as described in these Terms), any Recipient declines to electronically sign the Contract, or all Recipients electronically sign the Contract. If Sender withdraws a Contract, the Contract will remain available to Sender and Recipient for 30 days. If any Recipient declines to electronically sign a Contract, Sender and each Recipient will have up to 30 days to access the Contract. After a Contract is signed by all Recipients, the Contract will be available to each Recipient for 30 days from the date that Recipients are notified that the Contract has been signed by all Recipients. Each Recipient is responsible for downloading, saving or otherwise retaining a copy of a Contract for its own records, on Recipient's own device or cloud or data storage service. Signed contracts will remain available to Sender through SharePoint in accordance with Senders’ agreement with Microsoft and Sender's own document retention configuration. Microsoft assumes no liability or responsibility for any Sender's or Recipient's failure to download, save or retain a Contract.

3. Deletion. Microsoft reserves the right to suspend access to or delete any Contract if Microsoft reasonably and in good faith suspects or believes that such Contract is for illegal purposes or otherwise could cause any User to be in violation of these Terms, based on, for example, notice from government or regulatory entities, law enforcement, or User complaints. Microsoft will make commercially reasonable efforts to notify Sender prior to such suspension or deletion, unless Microsoft reasonably believes that: (a) it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or (b) it is necessary to delay notice in order to prevent imminent harm to the Service, Microsoft or its affiliates, or a third party (including other Users). Under circumstances where notice is delayed, Microsoft will provide the notice if and when the foregoing restrictions no longer apply.

WARRANTY AND DISCLAIMERS

Microsoft warrants that its service will function substantially as described in these Terms. Otherwise and to the extent permitted under applicable law:

1. Microsoft disclaims all express, implied, or statutory warranties and conditions, including warranties and conditions of quality, title, non-infringement, merchantability, and fitness for a particular purpose regarding the Service.

2. The Service is provided without charge "AS IS," without any warranty or condition. Microsoft makes no warranty or representation as to the quality, safety or fitness for purpose of the Service, or of any Contract (whether delivered, made available or electronically signed through the Service), any services, property or chattel described in a Contract, the transactions sought to be effected by any Contract or for performance of any aspect of a Contract, nor does Microsoft warrant that the operation or use of the Service will be error-free, virus-free or uninterrupted or that any defect will be corrected or that the Service will function with other software or hardware, or within a system, or that the use of the Service will meet the User’s requirements.

3. Microsoft takes no responsibility and is not liable for any harm or loss suffered by User as a result of sending or signing a Contract, or relying on information contained in a Contract. If User suffers any loss or harm as a result of signing a Contract, or not signing a Contract, User agrees that it shall have no recourse or claim against Microsoft.

PRIVACY & SECURITY

1. Data Protection and Processing. Microsoft, and its respective agents and subcontractors, will process User Data as provided in these Terms and the Data Protection Addendum (DPA), which is incorporated by reference. Before providing any User Data to Microsoft, User will obtain all required consents from third parties (including Recipients) under applicable privacy and data protection laws.

2. In addition to these Terms, User acknowledges and agrees to the terms of the Microsoft Privacy Statement ("Privacy Statement"), which describes the types of User Data Microsoft collects from User and User's devices, how Microsoft uses User Data, and the legal bases Microsoft has to process User Data; as well as how Microsoft uses User communications with others via the Service (including between Senders and Recipients). Where processing is based on consent and to the extent permitted by law, by acknowledging and agreeing to these Terms, User consents to Microsoft’s collection, use and disclosure of User Data as described in the Privacy Statement. In some cases, Microsoft will provide separate notice and request User’s consent as referenced in the Privacy Statement.

3. Your Privacy Obligations. Microsoft makes no warranty as to the suitability of the Service in regard to User's own privacy obligations with respect to other parties (including Senders or Recipients, as applicable) to a Contract. User is solely responsible for its own collection, use and disclosure of information concerning itself and other parties, including the disclosure of information with between Senders and Recipients via the Service. By using the Service, User represents and warrants that it has obtained all necessary authorizations, consents and permissions to provide information, including any personal information such as an individual Recipient’s name and email address, to Microsoft in connection with the Service.

SUSPENSION & TERMINATION

1. The Service may set and enforce limits for reasonable use in order to prevent abusive or unduly burdensome use of the Service. Microsoft may further suspend (in whole or in part) User's, and any Authorized User’s, access and use of the Service, or disable any aspect of the Service, if Microsoft reasonably and in good faith believes that such access or use violates these Terms. Microsoft will make commercially reasonable efforts to notify User prior to any such suspension, termination or disablement, unless Microsoft reasonably believes that: (a) it is prohibited from doing so under applicable law or under legal process, such as court or government administrative agency processes, orders, mandates, and the like; or (b) it is necessary to delay notice in order to prevent imminent harm to the Service, Microsoft or its affiliates, or a third party (including other Users). Under circumstances where notice is delayed, Microsoft will provide the notice if and when the foregoing restrictions no longer apply.

2. Microsoft may terminate User's use of the Service, or the Service generally, at any time in its sole discretion. Microsoft will make commercially reasonable efforts to notify User prior to any such termination. Upon any termination of User’s access to the Service, or the Service generally, these Terms, including User’s license rights, shall immediately terminate and User must promptly stop using the Service.

LIMITATION OF LIABILITY

To the extent permitted by applicable law, and without limiting any other limitation on Microsoft's liability set forth in the Microsoft Product Terms:

1. In no event will Microsoft be liable for direct, indirect, incidental, special, punitive, or consequential damages; loss of revenue, profits, or anticipated savings (whether direct or indirect); or loss of use, loss of business information, or interruption of business, however caused or on any theory of liability, in connection with the Service.

2. No limitation or exclusions under these Terms will apply to liability arising out of either User's or Microsoft's (a) confidentiality obligations; (b) indemnification obligations; or (c) violation of the other party's intellectual property rights.

3. The limitations, exclusions, and exceptions set forth in this Limitation of Liability section apply to all claims and damages under or relating to these Terms or the Service, including, without limitation, breach of contract, breach of warranty, strict liability, and negligence and other torts, even if User or Microsoft knew or should have known about the possibility of the damages.

4. Without limiting any of the foregoing, should Microsoft be deemed liable to User, its liability shall be limited to reperformance of the Service or refund of any fee paid for use of the Service from which such liability arose.

DISPUTE RESOLUTION

Except as otherwise required by applicable law, when bringing any action arising under these Terms, User and Microsoft each agree to the following exclusive venues.

  • If Microsoft brings the action, the venue will be where User has its principal place of business (for entities) or place of residence (for individuals).

  • If User brings the action against Microsoft or any Microsoft affiliate located outside of Europe, the venue will be the state or federal courts in King County, State of Washington, USA.

  • If User brings the action against Microsoft or any Microsoft affiliate located in Europe, and not also against Microsoft or a Microsoft affiliate located outside of Europe, the venue will be Ireland.

User and Microsoft each consent to personal jurisdiction in the agreed venues and User and Microsoft each submit to the exclusive jurisdiction of the courts of such venue. This choice of venue does not prevent either User or Microsoft from seeking injunctive relief in any jurisdiction with respect to a violation of intellectual property rights or confidentiality obligations.

MISCELLANEOUS

1. Modifications. Microsoft may update these Terms from time to time. Changes will apply when they are published on the Service site or made available to Recipients through notice of the availability of a Contract. User accepts revised or additional terms when using the Service, including to send a Contract (as Sender) or to view, download or electronically sign a Contract (as Recipient). If a User does not agree to changes to these Terms, User must stop using the Service.

2. Independent Contractors. User and Microsoft are independent contractors. User and Microsoft each may develop products independently without using the other’s Confidential Information.

3. Assignment. Microsoft may assign these Terms to an affiliate. User consents to such assignment to an affiliate or third party, without prior notice, of any rights Microsoft may have under these Terms, and all assignees may further assign such rights without further consent. Any attempted assignment by User, without Microsoft’s prior written approval, will be void.

4. Severability. If any part of these Terms are held to be unenforceable, the rest of these Terms will remain in full force and effect.

5. Waiver. Failure to enforce any provision of these Terms will not constitute a waiver. Any waiver must be in writing and signed by the waiving party.

6. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights except as expressly provided by its terms.

7. Survival. All provisions survive termination of these Terms except those requiring performance only during the term of these Terms.

8. Notices. Microsoft may provide User with information and notices electronically, including by email, through the portal for the Service, through a web site that Microsoft identifies, by email, or by other electronic means. Notice is given as of the date it is made available by Microsoft.

9. Applicable Law. Except as otherwise required by applicable law, these Terms will be governed by and construed in accordance with the laws of the State of Washington and federal laws of the United States. The 1980 United Nations Convention on Contracts for the International Sale of Goods and its related instruments will not apply to these Terms.

10. Microsoft Affiliates and Subcontractors. Microsoft may perform its obligations under these Terms through its affiliates and use subcontractors to provide certain services. Microsoft remains responsible for their performance.

11. Government Procurement Rules. If User is a government entity or is otherwise subject to government procurement requirements, User represents and warrants that (a) it has complied and will comply with all applicable government procurement laws and regulations; (b) it is authorized to enter into these Terms; and (c) these Terms satisfy all applicable procurement requirements.

12. Compliance with Trade Laws. The Service may be subject to U.S. and other countries' export jurisdictions. User and Microsoft each will comply with all laws and regulations applicable to the import or export of the Service, including, without limitation, trade laws such as the U.S. Export Administration Regulations and International Traffic in Arms Regulations and sanctions regulations administered by the U.S. Office of Foreign Assets Control ("OFAC") ("Trade Laws"). User will not take any action that causes Microsoft to violate U.S. or other applicable Trade Laws. Microsoft may suspend or terminate these Terms to the extent that Microsoft reasonably believes that performance would cause it to violate Trade Laws or put it at risk of becoming subject to sanctions and penalties under such laws.