1. DEFINITIONS AND INTERPRETATION
1.1. In this Agreement, unless the context indicates otherwise, the following words and expressions shall have the meanings assigned to them:
1.1.1. “Briefcase” – refers to BRIEFCASE (PTY) LTD, a company duly registered in South Africa, providing an online platform that offers Templates and document editing tools but is not a law firm and does not provide legal advice or representation.
1.1.2. “User” – refers to any individual, entity, or organisation that accesses, browses, registers on, or uses the Briefcase platform, software, services, or any associated offerings. This includes but is not limited to individuals who download templates or use the legal document editor.
1.1.3. “Platform” – refers to Briefcase’s proprietary online platform, website, software, and any affiliated mobile applications, including all associated tools, content, and services.
1.1.4. “Templates” – refers to pre-drafted documents made available on the Platform, which Users may download, modify, and customise for personal or business use. These templates are provided for informational purposes only and do not constitute legal advice.
1.1.5. “Third-Party Providers” – refers to any external individuals, law professionals, consultants, service providers, technology providers, or vendors that offer services via the Platform, including but not limited to software integrations, payment processors, and hosting providers.
1.1.6. “Software” – refers to Briefcase’s proprietary software, including its legal template editor, document formatting tools, and any other AI-driven or automated functionalities designed to assist Users in customising legal documents.
1.1.7. “Terms” – refers to this Agreement and all applicable policies, disclaimers, notices, and guidelines incorporated herein by reference, as amended from time to time.
1.1.8. “Content” – refers to all text, templates, documents, legal clauses, graphics, code, software, and other materials made available by Briefcase or uploaded by Users to the Platform.
1.1.9. “Intellectual Property” – refers to all copyrights, trademarks, patents, proprietary technology, trade secrets, and any other form of intellectual property owned or licensed by Briefcase.
1.1.10. “User Data” – refers to any information, documents, personal data, or other content uploaded, submitted, or stored by Users on the Platform.
1.1.11. “Subscription” – refers to any paid access model where Users subscribe to premium features or templates on a recurring basis.
1.1.12. “Confidential Information” – refers to any proprietary, non-public, or commercially sensitive information disclosed by Briefcase to a User or vice versa, including but not limited to business plans, technical information, and non-public platform features.
1.1.13. “Force Majeure” – refers to any event beyond the reasonable control of Briefcase, including but not limited to cyberattacks, hacking incidents, software failures, natural disasters, regulatory changes, strikes, or disruptions in internet connectivity that prevent Briefcase from fulfilling its obligations.
1.1.14. “Indemnified Parties” – refers to Briefcase, its directors, employees, shareholders, affiliates, contractors, licensors, and service providers who are protected against liability claims as outlined in these Terms.
1.1.15. “Governing Law” – refers to the laws of South Africa, which shall govern the interpretation and enforcement of these Terms.
1.2. Clause headings and subheadings are for reference purposes only and shall not affect the interpretation of these Terms.
1.3. Any reference to the singular includes the plural, and vice versa. Any reference to a gender includes all genders.
1.4. Where the word “including” is used, it shall be deemed to be followed by “without limitation.”
1.5. In the event of a conflict between these Terms and any other document or policy referenced herein, these Terms shall prevail unless explicitly stated otherwise.
1.6. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
2. ACCEPTANCE OF TERMS
2.1. By accessing, browsing, registering on, or using the Briefcase platform, software, or services in any manner, the User acknowledges that they have read, understood, and agreed to be bound by these Terms and Conditions. If the User does not agree to these Terms, they must immediately cease using the Platform.
2.2. Briefcase reserves the right to update, modify, or replace these Terms at any time at its sole discretion. Any modifications shall become effective immediately upon being posted on the Platform. It is the User’s responsibility to review these Terms periodically for changes. Continued use of the Platform after any modifications constitutes acceptance of the updated Terms.
2.3. By using the Platform, the User expressly consents to these Terms in electronic format. The User waives any requirement for physical signatures or formal written agreement to enforce these Terms.
2.4. The User represents and warrants that they are at least 18 (eighteen) years old and have the legal capacity to enter into a binding agreement. If the User is accessing the Platform on behalf of an entity, they confirm that they have the authority to bind that entity to these Terms.
2.5. The User’s continued access and use of the Platform, including any interactions with Templates or software tools, shall constitute ongoing acceptance of these Terms, even if the User has not explicitly acknowledged such acceptance in writing.
2.6. To access certain features of the Platform, the User may be required to register an account. By registering, the User agrees to provide accurate, complete, and up-to-date information. Failure to maintain accurate account information may result in suspension or termination of access.
2.7. Briefcase reserves the right to deny access to any User who violates these Terms or engages in misuse of the Platform, without prior notice and at its sole discretion.
2.8. Any provisions in this Terms and Conditions will by no way override or overrule, any other Agreements which can be found on the Company website. If any conflict exists, the Agreement that is more favourable to Briefcase will prevail.
3. NO ATTORNEY-CLIENT RELATIONSHIP
3.1. Briefcase is not a law firm, does not provide legal advice, and does not engage in the practice of law. The Platform, its templates and software are provided solely for informational purposes and should not be relied upon as professional legal advice / binding content.
3.2. The use of the Platform, including accessing Templates or using the document editor does not create an attorney-client relationship between the User and Briefcase, its affiliates, employees, independent contractors, or third-party service providers.
3.3. Briefcase does not represent Users in any legal matters, disputes, transactions, or negotiations. Users acknowledge that they are solely responsible for ensuring the legal accuracy and suitability of any document they create, edit, or use from the Platform.
3.4. Users understand and agree that no lawyer-client privilege applies to any communications, documents, templates, or services provided via the Platform. Any information submitted, shared, or communicated through Briefcase is not protected under any legal confidentiality or privilege doctrines.
3.5. Briefcase strongly recommends that Users consult a qualified attorney for legal advice specific to their circumstances before using or relying on any legal document or template generated through the Platform.
3.6. By using the Platform, Users acknowledge that they assume full responsibility and legal risk for any reliance on the Templates, tools, or services offered by Briefcase.
4. NO LEGAL ADVICE OR REPRESENTATION
4.1. Briefcase does not provide legal opinions, legal guidance, or legal representation in any form. The Platform, its templates, software tools, and any associated services are offered solely for informational and general reference purposes and should not be construed as legal advice.
4.2. Users acknowledge that they are solely responsible for seeking independent legal advice before relying on, executing, or using any document, template, or service provided by Briefcase. The suitability, completeness, and enforceability of any document depend on individual legal circumstances and applicable laws, which Briefcase does not assess.
4.3. Briefcase, its affiliates, employees, independent contractors, or third-party service providers does not act as a User’s attorney and does not provide representation in legal matters, court proceedings, disputes, or negotiations. Users are fully responsible for handling their own legal affairs.
4.4. Briefcase does not verify, review, validate, or approve any documents created or modified by Users. Users bear full responsibility for ensuring the accuracy, legality, and enforceability of any document they generate or edit on the Platform.
4.5. By using the Platform, Users acknowledge that they assume full responsibility and legal risk for the documents, templates, and tools accessed through Briefcase. Briefcase shall not be liable for any loss, damage, liability, or consequence resulting from a User’s reliance on any document or template.
4.6. Briefcase makes no warranties or guarantees regarding the legal validity, effectiveness, or enforceability of any document generated through the Platform. Users must verify compliance with relevant laws and regulations before relying on any template or legal tool provided by Briefcase.
4.7. The Platform is not a substitute for professional legal counsel, and Users should always consult a qualified attorney for legal matters requiring expert advice.
5. USE OF TEMPLATES & EDITOR
5.1. Briefcase provides Templates solely for informational and general reference purposes. These templates do not constitute legal advice, and Briefcase makes no representation that they are suitable, accurate, complete, or legally sufficient for any specific legal matter.
5.2. Briefcase does not warrant that any template available on the Platform complies with the laws of any specific jurisdiction. Users are solely responsible for ensuring that any template they use or modify meets their legal requirements and circumstances.
5.3. Briefcase’s legal template editor is a software-based tool designed to assist Users in modifying and creating legal documents. It does not function as a legal drafting service, nor does it provide legal analysis, advice, or document review. The editor is an automated technology feature that does not replace professional legal judgment.
5.4. Users acknowledge and accept that they are fully responsible for reviewing, modifying, and verifying any document edited using the Platform. Users must confirm that their finalised documents comply with applicable laws, regulations, and contractual requirements before use.
5.5. Briefcase does not guarantee that templates or documents will be automatically updated to reflect legal changes, new regulations, or jurisdictional amendments. Users must independently ensure that their documents remain compliant with current legal standards.
5.6. By using the Platform, Users assume full responsibility and legal risk for any consequences arising from the use, modification, or execution of templates and legal documents. Briefcase disclaims all liability for errors, omissions, or legal enforceability issues resulting from User reliance on templates.
5.7. Users are strongly encouraged to seek independent legal counsel to review and finalise any document they generate or modify using the Platform.
6. USER RESPONSIBILITY & RISK
6.1. Users acknowledge and agree that they assume full responsibility for any legal, business, financial, or personal consequences resulting from their use of Briefcase’s templates, legal editor, and services. Briefcase provides no assurance or guarantee regarding the suitability, enforceability, or effectiveness of any document generated or modified using the Platform.
6.2. Briefcase shall not be liable for any errors, omissions, misinterpretations, or incorrect information contained in the templates, legal editor, or any documents created or modified using the Platform. Users must exercise due diligence and verify all legal documents before use.
6.3. Users are solely responsible for ensuring that all legal documents comply with applicable laws, regulations, and contractual requirements. Briefcase does not review, verify, or approve any document generated on the Platform.
6.4. Briefcase does not guarantee any specific legal, financial, or business outcome resulting from the use of its Platform. Users accept that legal documents may require professional review and modification to be legally binding and enforceable.
6.5. By using the Platform, Users acknowledge that they are using Briefcase’s templates and services at their own risk and waive any claims against Briefcase arising from reliance on its tools, services, or content.
6.6. To the maximum extent permitted by law, Briefcase, its affiliates, employees, directors, and service providers shall not be held responsible for any loss, liability, cost, or damage arising from the User’s use or misuse of the Platform.
7. NO LIABILITY FOR ERRORS OR OMISSIONS
7.1. Briefcase makes no warranties or representations that the Templates, content, or services provided on the Platform are error-free, complete, accurate, or up to date. Legal requirements vary by jurisdiction and change over time, and Users are solely responsible for ensuring that any document used is legally valid and applicable to their specific situation.
7.2. Briefcase disclaims all liability for any inaccuracies, omissions, outdated provisions, or incomplete Templates available on the Platform. Users acknowledge that Briefcase is not responsible for any losses, liabilities, penalties, fines, claims, or damages resulting from reliance on any content or document provided by the Platform.
7.3. Users accept that they use Briefcase’s templates, legal editor, and associated services at their own risk and waive any claims against Briefcase, its affiliates, Creators, employees, or service providers for errors, omissions, or defects in any document generated or modified using the Platform.
7.4. Briefcase is under no obligation to update, modify, or maintain Templates to reflect changes in the law, and Users must conduct their own due diligence before using any template or legal document.
7.5. Users acknowledge that no template or document provided by Briefcase is a substitute for professional legal advice, and they must obtain independent legal counsel before relying on any document created or edited on the Platform.
8. INDEMNIFICATION
8.1. The User agrees to indemnify, defend, and hold harmless Briefcase, its affiliates, directors, employees, contractors, licensors, and service providers (collectively, the “Indemnified Parties”) from and against any and all claims, demands, legal actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
8.1.1. The User’s use, misuse, or reliance on Briefcase’s platform, templates, legal editor, or any associated services.
8.1.2. The User’s failure to obtain independent legal advice before using, modifying, or executing any legal document created through Briefcase.
8.1.3. Any errors, omissions, inaccuracies, or non-compliance within a document created or edited by the User using Briefcase’s platform.
8.1.4. The User’s violation of any laws, regulations, third-party rights, or contractual obligations in connection with the use of the Platform.
8.1.5. Any unauthorised access to or use of a User’s account due to negligence, failure to maintain security, or sharing of login credentials.
8.2. Briefcase is under no obligation to defend, settle, or otherwise become involved in any dispute or legal matter arising from a User’s use of the Platform.
8.3. The indemnification obligations set forth in this clause shall survive termination or expiration of the User’s access to the Platform and remain enforceable indefinitely.
8.4. To the maximum extent permitted by law, the User’s obligation to indemnify Briefcase shall apply regardless of any negligence, omission, or alleged wrongdoing on the part of Briefcase, except where such liability cannot be excluded under applicable law.
9. LIMITATION OF LIABILITY
9.1. To the fullest extent permitted by law, Briefcase and its affiliates, directors, employees, licensors, and service providers shall not be liable for any direct, indirect, incidental, consequential, punitive, or special damages, including but not limited to:
9.1.1. Loss of profits, revenue, business opportunities, or anticipated savings.
9.1.2. Business interruptions, downtime, or loss of operational efficiency.
9.1.3. Loss of data, files, documents, or confidential information.
9.1.4. Costs incurred for substitute goods or services.
9.1.5. Reputational damage, goodwill loss, or client dissatisfaction.
9.1.6. Errors, omissions, inaccuracies, or defects in Templates or services.
9.1.7. Any unauthorised access to, alteration of, or loss of User content or personal data.
9.2. Briefcase shall not be responsible for any damages or losses resulting from the acts, omissions, or negligence of third-party service providers, or external platforms linked to the Briefcase platform.
9.3. Briefcase provides its platform, templates, and services on an “as-is” and “as-available” basis, without any warranties or guarantees, express or implied, regarding accuracy, reliability, fitness for a particular purpose, or uninterrupted access.
9.4. By using the Platform, the User acknowledges and agrees that they assume full responsibility for their use of Briefcase’s services, Templates, and editor tools, and waive any claims against Briefcase arising from their reliance on the Platform.
9.5. In jurisdictions where exclusion of liability is not fully enforceable, Briefcase’s total cumulative liability to any User, under any circumstances, shall not exceed the total fees paid by the User to Briefcase in the preceding 6 (six) months or, if no fees were paid, an amount of R500.00 (five hundred South African Rand).
9.6. The limitations set forth in this clause shall survive the termination or expiration of the User’s access to the Platform and remain in full effect indefinitely.
10. NO GUARANTEES OR WARRANTIES
10.1. Briefcase provides its platform, templates, editor, and associated services on an “as-is” and “as-available” basis, without any warranties, express or implied. To the fullest extent permitted by law, Briefcase disclaims all warranties, including but not limited to warranties of accuracy, reliability, completeness, merchantability, fitness for a particular purpose, and non-infringement.
10.2. Briefcase does not warrant or guarantee that its templates, software, or services are accurate, comprehensive, legally effective, enforceable, or free from errors or omissions. Users acknowledge that legal standards and requirements vary by jurisdiction and that Briefcase does not ensure compliance with specific laws or regulations applicable to a User’s circumstances.
10.3. Briefcase does not guarantee that the platform, software, or services will be uninterrupted, error-free, or free from defects, viruses, or technical failures. Users acknowledge that service interruptions may occur due to maintenance, system updates, cybersecurity threats, or external factors beyond Briefcase’s control.
10.4. Briefcase is not obligated to update, amend, or modify its templates to reflect changes in the law. Users are solely responsible for ensuring that their legal documents remain current, valid, and compliant with all applicable legal requirements.
10.5. By using the platform, Users assume all risks associated with reliance on Briefcase’s templates, tools, and services. Briefcase shall not be held responsible for any losses, liabilities, legal disputes, or damages arising from the use or interpretation of its content.
10.6. Users acknowledge that Briefcase does not replace professional legal counsel and are strongly encouraged to seek independent legal advice before using or relying on any document generated, modified, or accessed through the platform.
11. SOFTWARE & TECHNOLOGY DISCLAIMER
11.1. Briefcase is a technology provider offering an online platform with Templates, a document editor, and related services. The template editor is an automated tool designed to assist Users in drafting and modifying legal documents but is not a substitute for legal expertise, professional judgment, or attorney review.
11.2. Briefcase makes no guarantees that its platform, software, or tools will be error-free, uninterrupted, or free from defects. Users acknowledge that all software may contain bugs, errors, or compatibility issues and that Briefcase does not warrant the continuous availability or flawless operation of its platform.
11.3. Briefcase shall not be liable for any losses, damages, or liabilities resulting from:
11.3.1. Software bugs, glitches, errors, or malfunctions.
11.3.2. Temporary or extended downtime due to maintenance, cybersecurity threats, third-party service failures, or system outages.
11.3.3. Inaccurate, incomplete, or non-functional document formatting due to platform limitations.
11.3.4. Loss, corruption, or unauthorised access to User-generated content due to security breaches or cyberattacks.
11.4. Users acknowledge that software tools have inherent limitations and may not always house legally sufficient or contextually appropriate documents. Users are responsible for reviewing and verifying all documents before reliance, execution, edit, export and/or submission.
11.5. Users are responsible for ensuring that their devices, internet connection, and software configurations are compatible with the Briefcase platform. Briefcase is not liable for performance issues arising from outdated hardware, software conflicts, or insufficient system resources.
11.6. Users should not rely solely on Briefcase’s tools and are strongly encouraged to seek independent legal advice before using any document generated or modified through the platform.
12. USER CONDUCT & PROHIBITED USES
12.1. Users agree to use the platform in a manner that complies with all applicable laws and regulations. Users shall not misuse the platform in any way, including but not limited to providing false or misleading information, engaging in fraudulent activities, or attempting to circumvent the platform’s security measures. Users must refrain from engaging in any conduct that disrupts or interferes with the normal functioning of the platform or its services.
12.2. The following activities are strictly prohibited on the platform:
12.2.1. Using the platform for any unlawful or unethical purposes, including but not limited to defamation, harassment, or infringement of intellectual property rights.
12.2.2. Engaging in fraudulent activities such as impersonating other users or creating multiple accounts for malicious purposes.
12.3. Users acknowledge that all content provided on the platform, including but not limited to Templates and other materials, are protected by copyright and other intellectual property laws.
12.4. Users are prohibited from:
12.4.1. Unauthorised copying, distribution, or resale of Briefcase’s templates, or any part thereof.
12.4.2. Reproducing, altering, or using the templates for commercial purposes in competition with Briefcase without prior authorisation from the platform.
12.4.3. Sharing or distributing templates in any way that violates the platform's terms of use or intellectual property rights.
12.5. Briefcase reserves the right to suspend or terminate the accounts of any User/s who engage in prohibited activities. The platform may also take legal action in the event of violations of intellectual property laws, misuse of the platform, or other fraudulent activities.
13. TERMINATION OF ACCESS
13.1. Briefcase reserves the right to suspend or terminate a User's access to the platform at its sole discretion, without prior notice, in the event of any violation of these Terms. This includes, but is not limited to, instances of misuse, fraudulent activity, or failure to comply with platform rules and regulations.
13.2. In the event of suspension or termination due to misuse of the platform, no refunds shall be issued for any payments made or any other associated costs. The User acknowledges and agrees that such actions are taken to protect the integrity of the platform.
14. GOVERNING LAW & JURISDICTION
14.1. These Terms shall be governed by, and construed in accordance with, the laws of the Republic of South Africa.
14.2. The User agrees that any dispute, claim, or legal action arising from or in connection with these Terms shall be resolved exclusively in the competent courts of South Africa. The User irrevocably submits to the jurisdiction of such courts for the purposes of any such dispute.
15. FORCE MAJEURE
15.1. Briefcase shall not be held liable for any failure or delay in performance under these Terms if such failure or delay is caused by unforeseen events or circumstances beyond its reasonable control, including but not limited to internet disruptions, cyberattacks, acts of government or legal restrictions, natural disasters, or any other event of force majeure.
15.2. Briefcase shall not be held liable for failure to perform its obligations under these Terms due to unforeseen events or circumstances beyond its reasonable control, including but not limited to:
15.2.1. Cyberattacks, hacking incidents, or technical failures;
15.2.2. Changes in legal regulations that affect Briefcase’s services or operations;
15.2.3. Payment processor failures, strikes, labour disputes, or governmental restrictions;
15.3. Briefcase's performance under these Terms shall be excused during the duration of such force majeure events. The platform shall make reasonable efforts to restore services as soon as practicable following the cessation of the force majeure event.
16. ENTIRE AGREEMENT
16.1. These Terms represent the entire and exclusive agreement between Briefcase and the User, all prior agreements, understandings, and representations for specific actions taken on the Briefcase platform, if they favour the Company, shall take precedent over this, whether written or oral, regarding the subject matter hereof.
17. INTELLECTUAL PROPERTY RIGHTS
17.1. All content, templates, software, designs, and materials provided by Briefcase, including but not limited to intellectual property rights such as copyrights, trademarks, and patents, are and shall remain the exclusive property of Briefcase. Users are granted no ownership rights in any of these materials.
17.2. Briefcase grants Users a limited, non-exclusive, non-transferable license to access and use the templates and software for their purposes. This license does not allow Users to copy, modify, distribute, resell, or exploit the templates or software in any manner for commercial purposes.
17.3. Users are expressly prohibited from reverse-engineering, decompiling, modifying, or attempting to replicate Briefcase’s proprietary technology, templates, or any other software or material made available on the platform. Any attempt to do so will result in immediate termination of access and potential legal action.
18. DATA PRIVACY & CONFIDENTIALITY
18.1. Briefcase collects and processes User data in accordance with applicable South African data protection laws, including the Protection of Personal Information Act (POPIA). Briefcase is committed to safeguarding Users' personal information and privacy in alignment with these legal requirements.
18.2. Briefcase does not review, access, or store User-generated legal content beyond what is necessary for the operation and functionality of the platform. All User content is treated with confidentiality and in accordance with the platform's functionality.
18.3. While Briefcase employs industry-standard cybersecurity measures to protect User data, Users acknowledge that no system is fully secure, and therefore, Briefcase cannot guarantee complete protection against data breaches, cyberattacks, or other unauthorized access. Users use the platform at their own risk concerning the security of their data.
19. THIRD-PARTY INTEGRATIONS & EXTERNAL LINKS
19.1. Briefcase may integrate with third-party services, such as payment processors, cloud storage providers, and AI tools, to enhance platform functionality. These integrations are provided solely for User convenience.
19.2. Users acknowledge that Briefcase is not responsible for the actions, security, or privacy policies of any third-party platforms or services integrated with the Briefcase platform. Any use of third-party services is at the User's own discretion and risk.
19.3. Briefcase may contain links to external websites or resources. Users access such external websites at their own risk, and Briefcase is not responsible for the content, security, or privacy practices of any linked third-party sites.
20. SOFTWARE FUNCTIONALITY & LIMITATIONS
20.1. Briefcase’s template editor is a technology tool designed to assist Users in drafting legal documents. However, Briefcase does not guarantee that the documents created through the platform will be error-free or meet all legal requirements without further review.
20.2. Users acknowledge that the platform may experience occasional downtime, glitches, or interruptions due to system updates, maintenance, or unforeseen technical issues. While Briefcase strives to maintain consistent service, accessibility may be temporarily affected during such periods.
20.3. Due to the limitations of the software, Users understand that certain aspects of the legal documents generated may require manual adjustments. Users are responsible for reviewing and ensuring the accuracy and completeness of the documents before final use.
21. USER WARRANTIES & REPRESENTATIONS
21.1. Users warrant that they possess the legal capacity to enter into contracts and utilise Briefcase’s services. By accessing or using the platform, Users confirm their ability to engage in binding legal agreements.
21.2. Users agree to provide accurate, lawful, and truthful information when using the platform. They further affirm that the information submitted does not infringe on any third-party rights, including intellectual property or privacy rights.
21.3. Users indemnify Briefcase against any claims, damages, liabilities, or costs that arise from the submission of false, misleading, or unlawful information within the platform or the templates. Users are solely responsible for the content they input into the platform.
22. DISPUTE RESOLUTION & WAIVER OF CLASS ACTIONS
22.1. Any disputes or disagreements arising from or related to these Terms shall first be addressed through mediation in good faith. If mediation fails to resolve the dispute, the matter will then be resolved through binding arbitration in accordance with South African law.
22.2. Users expressly waive their right to participate in any class action lawsuits against Briefcase. Any claims or disputes must be resolved on an individual basis, and users may not pursue claims collectively.
22.3. All disputes shall be resolved on an individual basis, and Users agree to engage in the mediation and arbitration process outlined above, in accordance with South African law.
23. USER-GENERATED CONTENT & LIABILITY
23.1. Users are solely responsible for any content, modifications, or legal documents they generate using Briefcase. This includes ensuring that all user-generated content complies with applicable laws, regulations, and ethical standards.
23.2. Briefcase does not verify, review, or approve any user-generated legal content. It is the responsibility of the user to ensure the accuracy, legality, and appropriateness of their content before submission.
23.3. Briefcase reserves the right, at its sole discretion, to remove or restrict access to any user-generated content that violates legal or ethical standards, including but not limited to content that is fraudulent, harmful, or infringing on third-party rights.
24. SUBSCRIPTIONS & AUTOMATIC RENEWALS
24.1. Briefcase offers a free tier as well as a subscription-based service.
24.2. Subscription pricing is structured based on the number of users utilising an account.
24.3. By using Briefcase or subscribing, Users agree to the terms, billing policies, and automatic renewal conditions outlined herein.
24.4. All subscriptions are subject to automatic renewal at the end of each billing cycle unless the User explicitly opts out before the renewal date.
24.5. Users acknowledge that by utilising a subscription agreement, they authorise Briefcase to automatically charge the applicable subscription fee at the start of each new billing cycle using the payment method on file.
24.6. The renewal period will match the previous billing cycle (e.g., monthly, quarterly, or annually) unless otherwise modified by the User within their account settings.
24.7. Subscription fees are charged on a recurring basis, and the total fee is determined based on the number of Users linked to the account at the time of billing.
24.8. Users are responsible for managing their subscriptions, modifying their user count, and ensuring that they have the necessary funds available for successful payment processing.
24.9. Failure to cancel a subscription before the renewal date will result in continued billing for the next cycle, and no refunds will be issued for late cancellations.
24.10. If a payment fails due to insufficient funds, expired payment methods, or any other reason, Briefcase may attempt to process the payment multiple times before suspending the subscription.
24.11. Users may modify or cancel their subscription at any time through their account settings.
24.12. Any modifications to the number of users linked to the subscription plan may result in adjustments to the subscription fee at the next billing cycle.
24.13. If a User cancels their subscription before the end of a billing cycle, they will retain access to until the current subscription period expires, after which no further charges will be incurred.
24.14. No pro-rata refunds will be provided for partial use of the service unless explicitly stated in the refund policy.
24.15. Briefcase’s refund policy, if applicable, will be clearly outlined in the Refunds & Billing section of the platform.
24.16. Disputes related to subscription fees or renewals must be formally raised with Briefcase’s support team within a reasonable timeframe following the disputed charge.
24.17. Briefcase reserves the right to modify subscription pricing, features, or terms at any time.
24.18. In the event of a price change, Users will be notified in advance, and the updated pricing will take effect at the start of the next billing cycle.
24.19. Continued use of the platform after any modifications constitutes acceptance of the revised terms.
24.20. By subscribing, Users acknowledge and accept these subscription terms, automatic renewal conditions, and associated responsibilities.
25. TERMINATION & ACCOUNT SUSPENSION
25.1. Briefcase reserves the right to suspend or terminate User accounts in cases of violation of these Terms. Violations may include but are not limited to misuse of the platform, fraudulent activity, or failure to comply with legal or ethical obligations.
25.2. Users whose accounts are terminated due to misconduct or breach of these Terms will not be entitled to any refunds for subscription fees or any other payments made prior to termination.
25.3. Upon termination of a User's account, Briefcase may delete the User’s data from its platform. However, any data that must be retained for legal, regulatory, or compliance purposes may be kept in accordance with applicable law and retention requirements.
26. USER RESPONSIBILITY FOR DOCUMENT COMPLIANCE
26.1. Users acknowledge that laws and regulations may vary based on jurisdiction. It is the User's sole responsibility to ensure that any documents generated or modified using Briefcase comply with the applicable legal requirements of their specific jurisdiction.
26.2. Briefcase does not warrant or guarantee the legal validity, enforceability, or suitability of any document for a particular purpose or jurisdiction. Users must seek independent legal advice to verify compliance where necessary.
26.3. Users assume full responsibility for any legal outcomes resulting from their use of Briefcase’s templates, modifications, or generated documents. Briefcase disclaims any liability for losses, claims, or disputes arising from improper or non-compliant document use.
27. PUBLICITY & MARKETING
27.1. Briefcase may utilise anonymised and aggregated data for research, analytics, and service enhancement. Such data will not contain personally identifiable information.
27.2. By using Briefcase, Users consent to the collection and processing of non-identifiable data for improving platform functionality, marketing strategies, and industry research.
27.3. Briefcase does not disclose private, sensitive, or confidential User information to third parties without explicit consent, except as required by law or regulatory authorities
28. CUSTOMER SUPPORT & LIABILITY DISCLAIMERS
28.1. Briefcase offers customer support for technical assistance related to platform functionality, troubleshooting, and account-related queries. However, response times may vary, and no guarantees are provided regarding availability or resolution timeframes.
28.2. Customer support services are strictly limited to technical issues. Briefcase does not offer legal advice, guidance, or interpretations of laws, and Users must seek independent legal counsel for any legal inquiries.
28.3. Users acknowledge and agree that Briefcase is not liable for any damages, losses, or claims arising from:
28.3.1. Delays in response times or lack of support availability;
28.3.2. Incorrect, incomplete, or misinterpreted information provided during support interactions;
28.3.3. Any technical issues not resolved to the User’s satisfaction.
29. EXPORT COMPLIANCE & INTERNATIONAL USE
29.1. Users accessing Briefcase from outside South Africa must comply with all applicable export laws, regulations, and restrictions governing the use of digital products and software in their respective countries.
29.2. Briefcase is primarily designed to support South African legal documents and does not guarantee compliance with foreign legal standards, regulations, or jurisdictional requirements.
29.3. Users accessing Briefcase from outside South Africa do so at their own risk. It is their responsibility to ensure that their use of the platform, templates, and generated documents aligns with local laws and regulations.
30. SEVERABILITY & SURVIVAL OF TERMS
30.1. If any provision within these Terms is determined by a court of competent jurisdiction to be invalid, unlawful, or unenforceable, such provision shall be severed from these Terms. The remainder of the Terms shall continue to be valid and enforceable to the fullest extent permitted by law.
30.2. The termination, expiration, or unenforceability of any provision shall not affect the continued enforceability of essential clauses that by their nature are intended to survive, including but not limited to:
30.2.1. Indemnification obligations;
30.2.2. Limitations of liability;
30.2.3. Intellectual property protections;
30.2.4. Confidentiality commitments;
30.2.5. Dispute resolution mechanisms
30.3. Briefcase’s failure or delay in enforcing any provision of these Terms shall not be construed as a waiver of its rights to enforce such provisions at any time. Any waiver granted must be explicitly stated in writing and shall not constitute a waiver of any future rights or obligations.
31. SAAS SERVICE TERMS & SOFTWARE LICENSE
31.1. Briefcase grants Users a limited, non-exclusive, non-transferable, and revocable license to access and use its platform and software strictly for the purpose of creating Templates. This license does not grant Users ownership of the software, source code, or any proprietary technology of Briefcase.
31.2. Users acknowledge and agree that they shall not, directly or indirectly:
31.2.1. Copy, reproduce, or distribute any portion of the software, platform, or its underlying technology beyond its intended use.
31.2.2. Modify, alter, or create derivative works based on Briefcase’s software, algorithms, or infrastructure.
31.2.3. Decompile, disassemble, or reverse-engineer any part of the platform, its code, or security mechanisms.
31.2.4. Sell, sublicense, or commercially exploit the software or any of its components without express written authorisation from Briefcase.
31.2.5. Bypass, disable, or interfere with any security features or restrictions embedded within the software.
31.2.6. Use automated scripts, bots, or scraping tools to extract data or content from Briefcase’s platform.
31.3. Users acknowledge that Briefcase retains full ownership, title, and intellectual property rights over its platform, including but not limited to:
31.3.1. Software architecture, algorithms, and source code;
31.3.2. User interface designs, workflows, and operational logic;
31.3.3. Machine learning models, automation features, and proprietary enhancements;
31.3.4. All patents, copyrights, trademarks, and trade secrets associated with the platform.
31.4. No rights, title, or interest in Briefcase’s software are transferred to Users except for the limited usage rights explicitly granted herein. Any unauthorised use of Briefcase’s software shall constitute a material breach of these Terms and may result in legal action.
32. AVAILABILITY & SERVICE UPTIME
32.1. Briefcase aims to maintain a high level of platform availability, targeting 95% (ninety five percent) uptime. However, due to the nature of online services, Briefcase does not guarantee uninterrupted access and reserves the right to perform scheduled and emergency maintenance.
32.2. Users acknowledge that service disruptions may occur for various reasons, including but not limited to:
32.2.1. Routine maintenance and system upgrades necessary for software improvements, security updates, and performance optimisations.
32.2.2. Cybersecurity threats such as hacking attempts, denial-of-service attacks, or other malicious activities that may compromise platform integrity.
32.2.3. Unexpected technical failures, including software bugs, server crashes, third-party service outages, or issues with internet service providers.
32.2.4. Force majeure events, such as power outages, natural disasters, regulatory changes, or other unforeseeable circumstances beyond Briefcase’s control.
32.3. Briefcase shall not be held liable for any direct, indirect, incidental, or consequential damages arising from platform unavailability, data loss, or system failures.
32.4. Users acknowledge that alternative legal resources should be considered in cases where immediate access to legal documents is critical.
32.5. Briefcase may provide status updates and estimated resolution timelines during extended service outages, but such updates do not constitute a guarantee of immediate restoration.
33. SOFTWARE FUNCTIONALITY & LIMITATIONS
33.1. The Briefcase platform, including its template editor, is a legal technology tool designed to assist Users in drafting and customising legal documents. It is not a replacement for professional legal advice, nor does it function as a legal consulting service.
33.2. While Briefcase provides tools for document creation, the software does not verify, validate, or ensure the legal soundness of generated content.
33.3. The platform does not perform jurisdiction-specific legal compliance checks, and Users must verify whether any generated document aligns with applicable laws and regulations.
33.4. Briefcase disclaims liability for errors, omissions, or inaccuracies in documents produced through the platform.
33.5. Users must independently assess and validate any legal document before use, ensuring it meets their specific legal requirements.
33.6. Where necessary, Users should consult an external, qualified legal professional to review, amend, or approve any documents before execution.
33.7. Briefcase is not responsible for any losses, disputes, or liabilities resulting from reliance on documents created using the platform.
33.8. Users acknowledge that the software may have inherent limitations, including but not limited to:
33.8.1. Formatting constraints, which may require manual adjustments to ensure compliance with specific contractual or court formatting requirements.
33.8.2. Automated content suggestions, which are based on predefined templates and may not fully address unique or complex legal scenarios.
33.8.3. Integration with third-party tools, which may impact document functionality, accessibility, or compatibility with external systems.
33.9. By using Briefcase, Users accept that they are solely responsible for ensuring that any legal documents they generate are accurate, applicable, and legally enforceable in their jurisdiction.
34. USER DATA & DATA STORAGE
34.1. Users acknowledge that Briefcase functions as a legal document editing tool and a cloud storage service.
34.2. Users bear full responsibility for saving, backing up, and securing their legal documents after exporting them.
34.3. Briefcase is not liable for document loss, corruption, or deletion caused by accidental actions, software limitations, or system failures.
34.4. Users should implement their own secure storage solutions, including local and cloud-based backups, to ensure document availability.
34.5. Briefcase shall not be held responsible for any direct, indirect, incidental, or consequential damages arising from lost legal documents, including:
34.5.1. Software glitches that result in unsaved work or document corruption.
34.5.2. Cybersecurity incidents, including hacking, ransomware, or unauthorised data access.
34.5.3. Platform maintenance or updates that may cause temporary or permanent data loss.
34.5.4. User errors, such as accidental deletion, failure to save, or reliance on auto-save functions.
34.6. Users acknowledge that once a document is deleted from the platform, it cannot be recovered unless explicitly stored under an agreed-upon retention policy.
35. SECURITY MEASURES & CYBERSECURITY DISCLAIMER
35.1. Briefcase employs industry-standard encryption protocols, secure servers, and data protection measures to safeguard User information and documents.
35.2. Security measures include, but are not limited to:
35.2.1. Encryption to protect data transmissions.
35.2.2. Regular security audits and penetration testing to identify vulnerabilities.
35.2.3. Access control mechanisms to restrict unauthorised system entry.
35.3. Despite these efforts, Briefcase cannot and does not guarantee absolute security against cyber threats.
35.4. Users must take active measures to protect their accounts, including:
35.4.1. Creating and maintaining strong, unique passwords for their Briefcase accounts.
35.4.2. Enabling two-factor authentication (2FA) if and when available.
35.4.3. Refraining from sharing login credentials with unauthorised parties.
35.4.4. Users acknowledge that compromised accounts due to weak passwords, phishing attacks, or negligence are the sole responsibility of the account holder.
35.5. Briefcase shall not be held liable for any direct or indirect damages arising from cyber threats, including but not limited to:
35.5.1. Hacking incidents that compromise User data.
35.5.2. Phishing scams that deceive Users into disclosing sensitive information.
35.5.3. Malware infections affecting User devices or accounts.
35.5.4. Data breaches resulting in unauthorised access to User-modified content.
35.6. In the event of a security breach affecting Briefcase’s systems, Briefcase will take reasonable measures to notify affected Users and implement corrective actions.
35.7. Users understand that no online platform is immune to cyber threats, and they agree to exercise caution when using Briefcase’s services.
35.8. Briefcase recommends that Users implement their own cybersecurity practices, such as installing antivirus software, avoiding suspicious links, and monitoring account activity.
35.9. By using Briefcase, Users accept the inherent cybersecurity risks associated with online legal document creation and acknowledge their responsibility to safeguard their own data.
36. THIRD-PARTY SOFTWARE & INTEGRATIONS
36.1. Briefcase may integrate with or provide access to third-party software, applications, and services, including but not limited to:
36.1.1. Payment gateways for processing transactions securely;
36.1.2. Cloud storage solutions for document management and retrieval;
36.1.3. Electronic signature tools for legally binding document execution;
36.1.4. Legal research tools or AI-powered services for enhanced drafting interpretation/assistance;
36.1.5. Disclaimer of Liability for Third-Party Services.
36.2. Users acknowledge that Briefcase does not own, control, or operate third-party services integrated into the platform.
36.3. Briefcase does not guarantee the performance, security, uptime, or accuracy of third-party services.
36.4. Any issues arising from malfunctions, security breaches, downtimes, or errors within third-party services fall outside Briefcase’s responsibility.
36.5. Users agree that any engagement with third-party services is governed by their own independent terms and conditions, separate from Briefcase’s Terms.
36.6. Users must review and comply with the respective privacy policies, security measures, and service terms of any integrated third-party service they utilise.
36.7. Briefcase disclaims all liability for:
36.7.1. Data breaches, financial losses, or operational failures caused by third-party services;
36.7.2. Unauthorised access or data exposure occurring through third-party integrations;
36.7.3. Changes in third-party service pricing, availability, or functionality that may impact Briefcase’s platform usage;
36.7.4. Briefcase reserves the right to add, modify, restrict, or discontinue integrations with third-party services at any time, with or without notice.
36.7.5. In the event of discontinuation, Users are solely responsible for transferring their data or adjusting their workflows accordingly.
36.7.6. Briefcase will not be liable for disruptions or loss of service caused by changes in third-party service availability.
37. TERMINATION OF SAAS ACCESS
37.1. Briefcase reserves the right to suspend, restrict, or terminate a User’s access to the platform under the following circumstances:
37.1.1. Violation of these Terms & Conditions;
37.1.2. Misuse, abuse, or exploitation of the software, including attempts to reverse-engineer, hack, or manipulate the platform;
37.1.3. Fraudulent activity, such as providing false information, unauthorised transactions, or attempting to evade fees;
37.1.4. Non-payment of subscription fees or unresolved billing disputes;
37.1.5. Breach of legal or compliance obligations, including unlawful use of Briefcase’s services;
37.1.6. Engagement in activities that compromise platform security, including cyber threats, spamming, or unauthorised data extraction.
37.2. Upon termination or suspension of a User’s account:
37.2.1. Access to Briefcase’s platform, and any associated services will be immediately revoked.
37.2.2. Stored data, documents, or user-generated content may be permanently deleted, and Briefcase is not responsible for data recovery post-termination.
37.2.3. Any active subscriptions or fees due remain payable, and termination does not automatically entitle a User to refunds, unless stated otherwise in the refund policy.
37.3. Users are solely responsible for downloading and retaining copies of their legal documents, files, and any critical data before termination occurs.
37.4. Briefcase does not guarantee continued storage or retrieval of data once an account is terminated.
37.5. Users must ensure their documents are backed up externally to prevent data loss due to termination.
37.6. If a User believes their account was wrongfully terminated, they may submit an appeal via Briefcase’s customer support within a reasonable timeframe.
37.7. Briefcase reserves the sole discretion to review appeals, determine reinstatement eligibility, and impose corrective measures where applicable.
37.8. Decisions made regarding account reinstatement are final, and Briefcase retains the right to refuse access reinstatement without explanation.
38. SOFTWARE UPDATES & MODIFICATIONS
38.1. Briefcase reserves the right to develop, modify, enhance, update, or discontinue any software features, platform functionalities, tools, or user interface components at its sole discretion.
38.2. Updates may include but are not limited to:
38.2.1. Improvements in user experience and interface design;
38.2.2. Enhancements to security protocols and encryption standards;
38.2.3. Optimisation of template editing functionalities;
38.2.4. Bug fixes, performance enhancements, or system upgrades;
38.2.5. Introduction of new features or removal of outdated tools;
38.3. Users acknowledge that updates may:
38.3.1. Alter the way Templates are accessed, stored, edited, or formatted;
38.3.2. Change existing workflows, requiring Users to adapt to new functionalities;
38.3.3. Temporarily or permanently remove certain features that Users may have previously relied upon;
38.3.4. Require Users to install updates or adjust software settings to maintain compatibility.
38.4. Users accept that software updates or feature modifications may cause temporary service interruptions, data migrations, or adjustments to workflow processes.
38.5. Briefcase is not liable for:
38.5.1. Loss of access to certain functionalities due to updates or modifications;
38.5.2. Incompatibility issues arising from outdated user systems, browsers, or third-party software;
38.5.3. Disruptions in document editing, saving, or retrieval processes caused by system enhancements;
38.5.4. User dissatisfaction with changes in platform design, structure, or feature availability;
38.6. Users are responsible for:
38.6.1. Keeping their software and devices updated to ensure compatibility with Briefcase’s latest version;
38.6.2. Reviewing change logs or update notifications issued by Briefcase regarding system modifications;
38.6.3. Adjusting their workflows as necessary to accommodate software improvements;
38.7. Briefcase reserves the right to permanently discontinue features at its discretion.
38.8. In cases where a feature is discontinued, Briefcase is not obligated to provide an alternative solution or revert to previous functionalities.
38.9. Users waive any claims against Briefcase for losses or inconveniences caused by such discontinuations.
39. EXPORT COMPLIANCE & RESTRICTIONS
39.1. Users acknowledge that:
39.1.1. Certain jurisdictions may impose restrictions on the use, transfer, or distribution of software developed in South Africa.
39.1.2. Briefcase may be prohibited from offering access to its platform in specific regions or to certain individuals/entities under international sanctions.
39.2. Users agree that they are solely responsible for ensuring their use of Briefcase complies with all applicable laws, including but not limited to:
39.2.1. Local technology regulations governing SaaS platforms, cloud computing, and legal technology;
39.2.2. Import/export laws that may affect the transfer, storage, or sharing of digital documents;
39.2.3. Jurisdictional data privacy laws regarding document processing and storage outside South Africa.
39.3. Users must not access, use, or distribute Briefcase’s software:
39.3.1. In any country or jurisdiction where it is illegal or subject to prohibitions under trade sanctions, embargoes, or export control laws;
39.3.2. For any purpose that violates international regulations, including the unauthorised transfer of restricted technologies;
39.3.3. If they are identified as restricted persons under South African or international sanctions lists.
39.4. Users accessing Briefcase from outside South Africa acknowledge that the platform is primarily designed for South African legal use and may not comply with foreign legal standards.
39.5. Users are responsible for:
39.5.1. Ensuring that their usage aligns with the legal framework of their jurisdiction;
39.5.2. Verifying whether cross-border data transfers comply with local regulations;
39.6. Briefcase reserves the right to suspend, restrict, or deny access to any User found in violation of export compliance laws.
39.7. Briefcase may terminate access without prior notice if a User’s actions create legal or regulatory risks.
39.8. Briefcase Creators may develop, upload, and distribute Templates covering jurisdictions outside South Africa.
39.8.1. These templates are intended for use in the relevant jurisdiction they were designed for and do not constitute legal advice from Briefcase.
39.8.2. The platform will maintain separate template pages for each jurisdiction, ensuring that Users can access country-specific templates without confusion.
39.8.3. Users must independently verify that any legal template they obtain from the platform complies with the laws and regulations of their jurisdiction.
40. E-SIGNING API INTEGRATION & ELECTRONIC SIGNATURES
40.1. Briefcase integrates with third-party electronic signature API services ("E-Signing Services") to facilitate document execution. These E-Signing Services are provided by independent third-party providers and are not developed, maintained, or controlled by Briefcase.
40.2. User Acknowledgments Regarding E-Signatures:
40.2.1. Users explicitly acknowledge that Briefcase is not the provider of electronic signature technology and merely serves as an integration platform connecting Users to third-party E-Signing Services.
40.2.2. Users understand and agree that any document signed through the Platform using integrated E-Signing Services is done so entirely at the User's own risk and discretion.
40.2.3. Briefcase makes no representations or warranties regarding the legal validity, enforceability, or admissibility of documents signed through the integrated E-Signing Services in any jurisdiction.
40.2.4. Users are solely responsible for ensuring that electronically signed documents comply with all applicable laws, including but not limited to the Electronic Communications and Transactions Act 25 of 2002 in South Africa and equivalent legislation in other jurisdictions.
40.3. Limitation of Liability for E-Signed Documents:
40.3.1. To the fullest extent permitted by law, Briefcase shall bear absolutely no liability whatsoever for any consequences, losses, damages, claims, or disputes arising from or related to:
a. The legal validity, enforceability, or admissibility of any electronically signed document;
b. The authentication, verification, or identification of signatories to any document processed through the integrated E-Signing Services;
c. Technical failures, interruptions, delays, or malfunctions of the E-Signing Services that may affect document execution, transmission, or storage;
d. Fraudulent signatures, identity theft, misrepresentation, or unauthorised access related to the E-Signing process;
e. Data breaches, security vulnerabilities, or unauthorised access to documents within the E-Signing Services' systems;
f. Compliance or non-compliance with industry-specific regulations governing electronic signatures in specialised fields such as healthcare, finance, real estate, or government contracting.
40.3.2. Users expressly waive any right to hold Briefcase responsible for any negative outcomes, financial losses, legal disputes, or other adverse consequences resulting from their use of the integrated E-Signing Services, regardless of whether such consequences were foreseeable.
40.4. User Due Diligence Requirements:
40.4.1. Before using any E-Signing Service integrated with the Platform, Users must independently:
a. Verify that electronic signatures are legally valid and admissible for their specific document type and jurisdiction;
b. Confirm that all parties to the document consent to electronic signature methods;
c. Ensure proper authentication and verification processes are followed for all signatories;
d. Maintain appropriate records and evidence of the signing process as may be required for legal proceedings;
e. Comply with all industry-specific regulations governing electronic signatures in their field.
40.5. Indemnification for E-Signature Use:
40.5.1. Users shall fully indemnify, defend, and hold harmless Briefcase, its directors, employees, affiliates, partners, and agents from and against any and all claims, demands, liabilities, losses, damages, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising from or related to:
a. The User's use of any E-Signing Service integrated with the Platform;
b. Any dispute regarding the validity, enforceability, or admissibility of electronically signed documents;
c. Any alleged fraud, misrepresentation, or unauthorised signature facilitated through the E-Signing Services;
d. Any non-compliance with applicable laws, regulations, or industry standards governing electronic signatures.
40.6. Third-Party E-Signing Service Terms:
40.6.1. Users acknowledge that their use of any integrated E-Signing Service is also subject to the terms of service, privacy policies, and other agreements imposed by the third-party provider of such E-Signing Service.
40.6.2. Briefcase is not responsible for notifying Users of changes to third-party E-Signing Service terms or policies.
40.6.3. Discontinuation, modification, or interruption of any integrated E-Signing Service by the third-party provider shall not constitute a breach of these Terms by Briefcase.
40.7. Recordkeeping and Evidence:
40.7.1. Users are solely responsible for maintaining all necessary records, audit trails, and evidence related to electronically signed documents that may be required to prove authenticity, integrity, or non-repudiation in legal proceedings.
40.7.2. Briefcase does not guarantee the availability, accuracy, or integrity of signing records, audit trails, or metadata generated by third-party E-Signing Services.
40.7.3. Users must implement their own backup and recordkeeping systems for all electronically signed documents of legal or commercial importance.
40.8. Geographic Limitations and Regulatory Compliance:
40.8.1. Users acknowledge that electronic signature laws vary significantly across jurisdictions, and Briefcase makes no representation that the integrated E-Signing Services comply with electronic signature laws in all jurisdictions.
40.8.2. Users must independently verify that electronic signatures are legally recognised in all relevant jurisdictions before relying on documents executed through the Platform.
40.8.3. Certain document types may be subject to specific formalities or requirements that cannot be satisfied through electronic signatures in certain jurisdictions. Users are solely responsible for identifying such exceptions.
40.9. Security Acknowledgment:
40.9.1. While Briefcase implements reasonable security measures in its integration with E-Signing Services, no electronic system can guarantee absolute security.
40.9.2. Users acknowledge the inherent risks of electronic transactions and agree to accept such risks when utilising E-Signing Services through the Platform.
40.9.3. Users shall immediately notify Briefcase of any suspected security breach, unauthorised signature, or fraudulent activity related to the E-Signing process.
40.10. Survival:
40.10.1. The provisions of this section shall survive any termination of the User's account or these Terms and shall continue to apply indefinitely to any document electronically signed through the Platform, regardless of when such signature was executed.