eSignature Guidelines

Effective date: September 10, 2026
Last updated: September 10, 2026
Consent version: 2026-06-23

These eSignature Guidelines ("Guidelines") explain how the eSignature feature of the Service operated by Esqase, Inc. ("Esqase," "we," "us," or "our") works, its legal basis in the United States and other jurisdictions, what makes an electronic signature legally binding, and what firms and signers need to know before sending or signing a document electronically. These Guidelines are incorporated into and form part of our Terms of Service, as provided in Section 7 (eSignature) and Section 22 (General) of the Terms. Capitalized terms not defined here have the meanings given in the Terms. If these Guidelines conflict with the Terms, the Terms control.

1. What Is an Electronic Signature?

An electronic signature is a legally recognized method of indicating agreement or consent in electronic form. In most jurisdictions it has the same legal effect as a handwritten signature, provided applicable legal requirements are met.

United States federal and state law share a single definition. Under the ESIGN Act and UETA, an electronic signature is an "electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record."

In practice, electronic signatures include:

• Clicking an "I agree" button or checkbox;
• Typing your name into a designated signature field;
• Drawing a signature with a mouse, stylus, or touchscreen;
• Uploading an image of a physical signature; or
• Any other symbol or process adopted with the intent to sign.

In Esqase, a signer adopts their signature in one of three ways: drawing it with a mouse, trackpad, stylus, or finger; typing their name, which is rendered in a handwriting style; or uploading an image of their signature. The adopted mark is applied to every matching field assigned to that signer, and the method used is recorded on the Certificate of Completion alongside the identity, times, IP address, and device details captured for that signer.

1.1 Electronic Signatures vs. Digital Signatures

The terms are often used interchangeably, but they mean different things. "Electronic signature" is the broad legal category described above. "Digital signature" typically refers to a specific cryptographic technique in which a document is transformed using an asymmetric (public key) cryptosystem, so that the signer's key mathematically links the signature to the document and any later change can be detected through that cryptography. Some jurisdictions treat the digital signature as a distinct statutory tier (see Section 4), and some regulated transactions call for cryptographic signature types.

Esqase provides a standard electronic signature (a Simple Electronic Signature, or SES, in eIDAS terms), supported by a versioned consent record, a Certificate of Completion, and a sealed finalized PDF. Esqase does not issue signing keys or signing certificates to signers, and no signer holds a private key. Where a statute defines a separate cryptographic digital or advanced signature category, a signature captured in Esqase is not one: it is not a digital signature attributable to the signer, not an Advanced Electronic Signature, and not a Qualified Electronic Signature. Esqase does apply its own cryptographic seal over the completed document, described in Section 7.3; that seal evidences the integrity of the document, not the identity of any signer. If a document or jurisdiction requires a signer-held digital signature, an Advanced Electronic Signature, or a Qualified Electronic Signature, the sending law firm is responsible for determining that requirement and arranging an appropriate method.

2. What Makes an Electronic Signature Legally Binding

Across the United States and most other jurisdictions that recognize electronic signatures, courts and statutes look for the same core elements. A party seeking to enforce an electronic signature should be prepared to show:

1. Intent to sign. The signer took a deliberate action demonstrating intent to sign the record, rather than an accidental or ambiguous act.
2. Consent to transact electronically. The parties agreed to conduct the transaction by electronic means. For certain consumer transactions, this consent must be express and demonstrable.
3. Association with the record. The signature is attached to, or logically associated with, the specific record that was signed.
4. Attribution to the signer. The signature can be attributed to the person who made it, through the circumstances of signing and any supporting evidence.
5. Record integrity and retention. The signed record is maintained in a manner that preserves its integrity, and the signer is able to obtain and retain a copy.

2.1 How Esqase Satisfies Each Element

Esqase's eSignature feature is designed so that each element is supported by a concrete, documented mechanism:

• Intent: The signer must complete each required field and then click to adopt their signature. Signing never happens passively or by default.
• Consent: Before signing, every signer is shown the Electronic Record and Signature Disclosure and must affirmatively agree to transact electronically. The disclosure is versioned, its wording reflects the sending firm's country, and the exact text accepted is stored with the signature and reproduced on the Certificate of Completion (see Section 8).
• Association: Signature fields are embedded directly in the document, and the finalized PDF incorporates all signatures together with the audit trail, so the signature and the record travel as one.
• Attribution: Each signer receives a private link issued to them alone, which cannot be used in another signer's place. Before the document opens, the signer must unlock that link: by default, by entering the email address the firm holds for them and then opening a single-use, time-limited sign-in link delivered to that address; or, where the firm has protected the link with a password, by entering that password. Unlock attempts are rate limited. Esqase records the UTC time the signer first opened the document, the UTC time they accepted the disclosure and signed, and the IP address and browser and device details of the session in which they signed.
• Integrity and retention: The finalized PDF is hashed and sealed at completion, so any alteration after signing is detectable, and Esqase provides tools for the firm and for each signer to obtain and retain a copy (see Sections 7.3 and 7.4).

3. United States

3.1 The ESIGN Act

The Electronic Signatures in Global and National Commerce Act (ESIGN Act) (15 U.S.C. Section 7001 et seq.) is the federal law governing electronic signatures. It gives electronic signatures the same legal effect as handwritten signatures for transactions in or affecting interstate or foreign commerce, and it establishes the baseline rule that a signature, contract, or record may not be denied legal effect, validity, or enforceability solely because it is in electronic form.

3.2 UETA and State Adoption

The Uniform Electronic Transactions Act (UETA) has been adopted by 49 U.S. states and the District of Columbia. It provides at the state level that electronic records and signatures have the same legal effect as paper records and handwritten signatures.

Under the ESIGN Act and UETA, an electronic signature is valid if: (a) the signer intends to sign; (b) the parties have consented to do business electronically; and (c) the electronic signature is associated with the record being signed.

State enactments of UETA are not identical. California's version, for example, contains non-uniform exclusions, many involving consumer transactions. Law firms should check their own state's enactment before relying on it for a specific document type.

3.3 New York: The Electronic Signatures and Records Act (ESRA)

New York is the one state that has not adopted UETA. It recognizes electronic signatures under its own framework, the Electronic Signatures and Records Act (ESRA), which gives electronic signatures the same validity and effect as handwritten signatures under New York law. The federal ESIGN Act also applies to transactions in or affecting interstate commerce regardless of state law. The practical result is that electronic signatures are broadly enforceable in New York, subject to the same categorical exclusions that apply elsewhere.

3.4 Consumer Disclosures Under the ESIGN Act

The ESIGN Act imposes additional requirements when a law requires that information be provided to a consumer "in writing." In that case, the consumer must receive the mandated disclosures, must affirmatively consent electronically (or confirm consent electronically) in a manner that reasonably demonstrates the consumer can access information in the electronic form that will be used, and must not have withdrawn that consent.

Where those additional requirements apply, ESIGN also prescribes what the consumer must be told before consenting. Under 15 U.S.C. Sections 7001(c)(1)(B) and (c)(1)(C)(i), the disclosure must state:

• Whether the consent applies only to the particular transaction or to identified categories of records;
• The consumer's right to have the record provided on paper, and any fee for it;
• The consumer's right to withdraw consent, any conditions or fees on withdrawal, and the procedure for withdrawing;
• How the consumer may obtain a paper copy after consenting, and whether a fee applies;
• How the consumer may update the contact information used to deliver electronic records; and
• The hardware and software requirements for accessing and retaining the records.

Esqase's Electronic Record and Signature Disclosure supports the consent mechanics. It is presented electronically in the same medium used for signing, the signer must scroll to its end before the consent control becomes available, consent is an affirmative act, and the exact text accepted is stored with the signature and reproduced on the Certificate of Completion. On content, the disclosure states that the signer is able to access and retain the document and the resulting signed copy in electronic form, that the signer may request a paper copy of any signed record, and that consent may be withdrawn at any time before the signature is completed by closing the window and contacting the requesting firm. Section 11 of these Guidelines sets out the hardware and software a signer needs.

The disclosure does not address every element ESIGN prescribes for a consumer transaction. It does not identify the categories of records the consent covers, it does not address fees for a paper copy or for withdrawal, and it does not describe how a consumer updates the contact information used to deliver records, because each of those depends on the firm's own transaction and processes. The sending law firm remains responsible for determining whether ESIGN's consumer-consent requirements apply to its transaction, for confirming that the disclosure is sufficient, for supplementing it where a particular statute requires more, and for obtaining any separate consent its own law requires.

3.5 Transactions Requiring Additional Care

Some transactions are not prohibited from electronic execution but call for assessment before proceeding:

• Documents to be notarized: State notarial law varies, and not every state's law enables electronic notarization. As of September 2026, more than 40 states and the District of Columbia have adopted remote online notarization legislation, and effective dates, permitted transaction types, and technology requirements differ by state; California's permanent statute does not take effect until January 1, 2030. Esqase does not provide notarization. Confirm the current rule in your state before relying on it.
• Documents to be recorded: Recording in the United States happens at the county level, and the relevant county recorder may not accept electronically executed documents.
• Government and court filings: Electronic submission to a government agency generally requires the agency's authorization, and courts maintain their own electronic filing rules.
• Negotiable promissory notes and notes secured by real property: The ESIGN Act and UETA impose special "transferable record" requirements on electronic equivalents of these instruments.
• Certain insurance documents: State insurance regulators impose special requirements for some documents, and notices of termination of health or life insurance are categorically excluded (see Section 9).
• Certain commercial instruments: Instruments governed by their own articles of the Uniform Commercial Code, such as chattel paper, letters of credit, and wire transfer agreements, are subject to those rules rather than the ESIGN Act or UETA.

4. Country-Specific Guidance

Electronic signature laws differ by country. Esqase's eSignature is a simple electronic signature, not a digital signature attributable to the signer (see Section 1.1), and Esqase does not provide notarization and is not an accredited electronic notarization provider in any jurisdiction, so a document that requires notarization must be notarized separately. Our legal page at esqase.com/legal carries the country-specific guidance we publish, which sets out the framework in full for a country for which we publish it: the statute and implementing rules that govern electronic signatures there, how a signature is proved and admitted, the position on consent, and the separate rules on electronic notarization. Section 5 surveys other frameworks.

5. Other Jurisdictions

For law firms operating outside the United States, electronic signatures may be legally recognized under the EU eIDAS Regulation (Regulation (EU) No 910/2014, as amended by Regulation (EU) 2024/1183), which establishes standards for electronic signatures across the European Union, including Simple (SES), Advanced (AdES), and Qualified (QES) Electronic Signatures, and under national equivalents elsewhere. Where we publish country-specific guidance for a country, it sets out that country's framework in full and is available at esqase.com/legal.

Esqase provides a Simple Electronic Signature (SES) as described in these guidelines. Depending on the jurisdiction and document type, a higher-assurance signature (Advanced or Qualified) may be required. It is the responsibility of the sending law firm to determine the appropriate signature type.

6. Court Admissibility and Evidentiary Weight

In the United States, the baseline rule is that a signature, document, or record cannot be denied legal effect, validity, or enforceability solely because it is in electronic form. It comes from Section 101(a) of the ESIGN Act (15 U.S.C. Section 7001(a)) and from UETA as adopted by the states. A comparable baseline applies in many other jurisdictions, as Sections 4 and 5 describe.

That rule does not decide disputes by itself. If the validity of an electronic signature is challenged, the party seeking to enforce it bears the burden of proving authenticity: that the signer intended to sign, that the signature is attributable to the signer, that it is associated with the record, and that the record has been maintained with its integrity intact.

The Esqase Certificate of Completion is built for this situation. It records the identity of each signer, the exact versioned disclosure text they accepted, the UTC date and time at which each signer opened the document, gave consent, and signed, how the signature was adopted, and the IP address and device information of each signing session. It also records the hash of the original document as it stood when the request was created and the hash of the finished signed document, so a later alteration to either is detectable (see Section 7.3). Separately, the document's activity timeline in the firm's account records each event in the signing history, including the sign-in link sends and the unlock. Together, these records help establish attribution and integrity in a dispute and support the enforceability of the signature.

No signature method, electronic or handwritten, can guarantee a particular outcome in court. Law firms should preserve the finalized PDF and its audit certificate for any document that may need to be enforced (see Section 10.5).

7. How Esqase eSignatures Work

7.1 The Signing Process

1. Preparing: An Authorized User opens a PDF in Esqase (eSignatures are placed on PDFs only), adds the people who need to sign, and places each person's fields on the pages: signature, initials, date signed, full name, free text, and checkbox. Fields can be marked required. Every signer must have at least one signature field.
2. Order: By default everyone can sign at once, in any order. The firm can instead set the request to sign in sequence, in which case each signer's link becomes usable only once the person before them has signed.
3. Notification: Each signer is sent an email carrying a link that is unique to them, opening the document on the Esqase signing page (docs.esqase.com).
4. Unlocking the link: The signing link is private to one signer and must be unlocked before the document opens. By default the signer enters the email address the firm holds for them and then opens a single-use, time-limited sign-in link delivered to that address, which proves control of that mailbox. A firm may instead protect the link with a password that it supplies to the signer out of band. Unlock attempts are rate limited. Esqase records the UTC time of the first open and, at signing, the IP address and browser and device details of the session.
5. Consent: Before signing, each signer is presented with the Electronic Record and Signature Disclosure (see Section 8). The signer must scroll it to its end and actively consent before proceeding.
6. Signing: The signer completes all required fields and clicks to adopt their signature.
7. Completion: Once all required signers have signed, Esqase produces the finalized PDF: every signature stamped in place, a SIGNED watermark and footer on each page, and the Certificate of Completion appended. It is hashed and sealed (see Section 7.3) and filed as the newest version of the document that was sent out, with the pre-signature copy preserved in that document's version history. Esqase also keeps a clean copy without the watermark or certificate pages, and the Certificate of Completion as a standalone file.
8. Outcomes other than completion: A signer may decline, which ends the request for everyone (see Section 8.1). The firm may cancel, which voids the request permanently. Moving the document to trash, deleting it, or uploading a new version over it also voids any request still in progress, so nobody signs stale content.

7.2 The Certificate of Completion

Each completed document is accompanied by a Certificate of Completion, the audit record for the signing. It records:

• The document name, the request reference, the requesting firm, the UTC date and time the request was completed, and the UTC date and time the certificate was issued.
• The hash (fingerprint) of the original document as it stood when the request was created, and the hash of the finished signed document.
• For each signer: full name and email address; the UTC date and time they first opened the document, accepted the disclosure, and signed; how they created their signature (drawn, typed, or uploaded); and the IP address and browser and device details of the session in which they signed.
• The full text of the Electronic Record and Signature Disclosure that was accepted, reproduced word for word and carrying its version.

Esqase produces the certificate in two forms: appended to the end of the signed PDF, and as a standalone PDF stored separately from the signed document. The two are identical except that only the standalone copy prints the hash of the signed file, because a file cannot contain its own hash. Keep the standalone copy: it is the one that carries that value. This information supports the enforceability of the eSignature.

7.3 Document Integrity

Esqase records a cryptographic hash of the source document at the moment the signature request is created. Before it produces a signed copy it re-reads the source and compares it against that hash; if the source changed in the meantime, finalization stops and no signed copy is produced.

When the last required signer signs, Esqase computes a hash of the finished PDF and applies its own cryptographic seal over that hash, using a private key held only on Esqase's servers. A request is not marked complete unless that seal is applied. Both hashes, for the original document and for the signed document, are printed on the standalone Certificate of Completion, so any later alteration to either file produces a different hash and is detectable.

Within the firm's account, Verify integrity on the document's page compares the stored signed file against the hash and seal recorded at completion and reports whether they match. The seal is Esqase's, not a signer's: it evidences that the document has not changed since completion, and it does not identify or authenticate any signer (see Section 1.1).

Documents in Esqase are encrypted in transit, sensitive data is encrypted at rest, and our handling of personal data is described in the Privacy Policy and backed by our Data Processing Agreement.

7.4 The Signer's Copy

Once every signer on a request has finished, each signer can download the completed document from the confirmation page their signing link opens. The button appears only after the whole request is complete, not after that individual signs, and what it provides is the clean copy: the document with every signature stamped in, without the SIGNED watermark and without the Certificate of Completion pages.

Esqase does not automatically email a copy of the completed document to signers. Where a signer needs the full evidentiary record, or needs a copy at a different time, the firm should send them the signed PDF and the standalone Certificate of Completion from its own account.

8. Consent to Electronic Signatures

Before a signer can complete a document in Esqase, they are shown the Electronic Record and Signature Disclosure and must affirmatively agree to it. The disclosure covers:

• Conducting the transaction electronically, and that the signer's electronic signature has the same legal effect as a handwritten signature;
• The signer's confirmation that they intend to sign electronically and are able to access and retain the document and the resulting signed copy in electronic form;
• The signer's right to request a paper copy of any signed record, and to withdraw consent at any time before completing their signature by closing the window and contacting the requesting firm; and
• Notice that a record of the signing, including identity, date and time, IP address, and device, is captured for audit purposes and included in the Certificate of Completion.

The signer must scroll the disclosure to its end before the consent control becomes available, and the signing action stays disabled until they have agreed.

The disclosure's opening statement of legal equivalence is chosen from the requesting firm's country as recorded in its firm details. A firm set to the United States shows a statement written to the ESIGN Act and UETA; a firm set to a country for which Esqase provides a country-specific statement shows one written to the law of that jurisdiction (see Section 4); a firm in any other country, or a firm with no country set, shows a jurisdiction-neutral statement that the electronic signature is legally binding and is the legal equivalent of a handwritten signature to the fullest extent permitted by applicable law. The remaining paragraphs are the same in every case. Firms should confirm that their country is set correctly in their firm details before sending documents for signature.

The signing page also states the hardware and software a signer needs in order to access and retain electronic records (see Section 11), so that the signer's consent is given with knowledge of what is required.

Consent is versioned (current version: 2026-06-23). The full text each signer accepted is stored with their signature, prefixed with the version in force at that moment, and reproduced word for word on the Certificate of Completion, so the precise disclosure accepted can be identified in the event of a future dispute (see Section 13).

Language. The disclosure and the signing page are presented in English. Where a firm's signer would not reasonably understand a disclosure in English, the firm is responsible for ensuring the signer understands what they are agreeing to before sending the document for signature.

How your signing data is handled. The identity details, IP address, timestamps, and device information captured during signing are processed by Esqase on behalf of the firm that sent you the document, under our Data Processing Agreement with that firm. Our handling of that data is described in the Privacy Policy. Requests to access, correct, or delete information held about you in connection with a signed document should be directed to the firm that sent it, not to Esqase; we will act on the firm's instructions. A signer who is not an Authorized User of the firm is an External User as defined in the Terms of Service.

8.1 Declining to Sign, and Withdrawing Consent

No signer is required to sign electronically.

• Declining. The signing page carries a Decline button beside the consent controls. It is available at any point, including before the signer has read the disclosure. Choosing it opens a confirmation with an optional reason box. A decline ends the signature request for every signer on that document, not only for the person who declined. The firm is notified, the reason (if given) is recorded, and the firm must create a new request if it still needs the document signed.
• Withdrawing consent without declining. A signer who wants a paper copy or a different signing method can close the signing page without signing and contact the firm that sent the document. Nothing is recorded until the signer submits. Consent may be withdrawn in this way at any time before the signature is completed.
• After signing. Once a signature is submitted it forms part of the completed record and cannot be withdrawn through the Service. A signer who believes a signature was submitted in error should contact the firm that sent the document.

Esqase does not print, mail, or otherwise deliver documents on paper, and charges signers no fee to decline, to withdraw consent, or to request a paper copy. Arranging paper execution is a matter between the signer and the firm that sent the document, and the firm is responsible for honoring a request for a paper alternative where law requires it, and for any fee it charges for one.

Declining to sign electronically on one document does not affect the signer's ability to use electronic signatures in future transactions.

9. Documents Not Suitable for eSignature

Esqase's eSignature feature is not appropriate for the following documents. Most of these are categories that the ESIGN Act itself does not reach (15 U.S.C. Section 7003), which means electronic execution gets no help from ESIGN and the underlying law governs; the rest are excluded by UETA as adopted in some states, or by court rule or professional regulation. This list is illustrative, not exhaustive, and is written broadly on purpose: several categories are narrower in the statute than they are here, and a firm should read the exclusion that actually applies rather than relying on this summary.

• Wills, codicils, and testamentary trusts. A growing number of U.S. states, more than a dozen as of September 2026, now authorize electronic wills under the Uniform Electronic Wills Act or their own statutes, and several of those statutes are enacted but not yet in effect. Each imposes its own witnessing, notarization, and custody requirements that Esqase does not implement. The sending firm must confirm its own state's law before executing a will electronically.
• Adoption, divorce, and other family-law documents, including family court filings that require wet signatures by court rule
• Court documents requiring execution in connection with court proceedings
• Notices of cancellation or termination of utility service, and notices of default, acceleration, repossession, foreclosure, eviction, or the right to cure under a credit agreement secured by, or a rental agreement for, an individual's primary residence
• Notices of termination of health or life insurance benefits
• Product recalls and safety notices, and notices accompanying the transportation or handling of hazardous materials, pesticides, or other toxic materials
• Certificated securities
• Negotiable instruments (for example, promissory notes), unless the transferable-record requirements described in Section 3.5 are satisfied
• Certain consumer transaction notices
• Documents that explicitly require notarization, unless supported by applicable law
• Any document that applicable rules, courts, or regulatory bodies require to be in paper form

State enactments of UETA differ on several of these categories, so an exclusion that applies in one state may not apply in another. Law firms should consult the applicable statute, court rule, and professional rules before using eSignatures for any document in these categories.

10. Guidance for Law Firms

10.1 Suitability and Practice Rules

As the party sending documents for signature, the law firm is responsible for verifying that electronic signatures are legally appropriate and enforceable for the specific document type and jurisdiction, and for complying with any rules applicable to its practice area, court, or regulatory body. Esqase does not provide legal advice on these questions. Use of the eSignature feature is governed by our Terms of Service.

10.2 Signer Identity

Esqase's default process uses email-based access control: each signer receives a private link, and the document does not open until the signer proves control of the email address the firm holds for them by opening a single-use sign-in link sent to it. Where a firm chooses the password option instead, access depends on a secret the firm distributes, and the evidentiary value of the unlock is only as strong as the way the firm delivered that password. If your firm uses the password option, treat the password like any other credential: send it to the signer by a channel separate from the signing link, use a different password for each signer, and never reuse one across documents. An emailed link plus a password sent in the same email offers no more assurance than the link alone.

Signing links do not expire on their own: a link stays usable until the request is completed, declined, or voided, or the underlying document is archived, trashed, or deleted. Void any request you no longer intend to have signed.

If heightened identity verification is required (for example, video identity verification, notarization, or knowledge-based authentication), the law firm must arrange this independently or verify that additional verification steps are in place. Esqase does not provide these heightened verification methods.

10.3 Common Use Cases

Documents law firms routinely execute through Esqase eSignatures include:

• Engagement letters and fee or retainer agreements
• Settlement agreements
• Non-disclosure agreements
• Client intake and authorization forms
• HR and vendor documents

Areas that call for caution before using eSignature: court filings (governed by each court's electronic filing rules), affidavits and other documents requiring notarization, real-estate instruments, and family-law documents (see Sections 3.5 and 9).

10.4 Court Filings and Notarization

Courts maintain their own electronic filing rules, and a court's acceptance of electronically filed documents is separate from the general enforceability of electronic signatures. Documents requiring notarization depend on the notarial law of the relevant state or jurisdiction. Esqase does not provide notarization or court filing services; the firm is responsible for confirming the applicable rules before execution.

10.5 Retaining Signed Documents

Esqase stores signed documents, their Certificates of Completion, and the signing history in your Esqase account for as long as your account is active.

Esqase is not a long-term archive. As described in Section 18.5 of the Terms of Service and Section 8 of the Privacy Policy, we retain your data for 30 days after termination to allow recovery and then delete it from active systems, with backup copies purged within 90 days. A signed document you may need to produce years from now must be kept somewhere you control.

You should:

• Download and store a copy of each finalized document, together with its standalone Certificate of Completion, in your own secure storage. Download the standalone certificate as well as the signed PDF: only the standalone copy records the hash of the signed file (see Section 7.3).
• Retain signed documents for the period required by your jurisdiction's professional rules, which may be 5 to 10 years or longer for certain matter types.
• Share a copy of the completed document with all signers.
• Void any signature request you no longer intend to have signed. Signing links do not expire on their own (see Section 10.2).

11. Technical Requirements for Signers

To sign a document electronically through Esqase, signers need:

• A device capable of accessing the internet (computer, tablet, or smartphone).
• A modern web browser (Chrome, Firefox, Safari, or Edge, current or previous major version), with JavaScript enabled and cookies and browser storage permitted for docs.esqase.com. The unlock that grants access to a document is stored as a cookie, so blocking cookies prevents signing.
• Access to the email address the firm holds for the signer, in order to receive the signing link and the sign-in link that unlocks it, unless the firm has protected the link with a password instead.
• The ability to save a PDF file, and software able to open one, to retain a copy of the completed document. The document itself is displayed in the browser during signing; no PDF software is needed to sign.

A signer who cannot meet these requirements should contact the firm that sent the document to arrange an alternative (see Section 8.1). Esqase does not deliver documents on paper.

The signing page is one of the surfaces covered by our Accessibility Statement. A signer who encounters an accessibility barrier should contact the firm that sent the document, and may also report it to support@esqase.com.

12. Frequently Asked Questions

Is an eSignature as valid as a handwritten signature?

In most cases, yes. Under the ESIGN Act and UETA in the United States, and under comparable laws in other jurisdictions (see Sections 4 and 5), an electronic signature has the same legal effect as a handwritten signature when the signer intends to sign, the parties consent to transact electronically, and the signature is associated with the record. Certain document categories are excluded (see Section 9).

Will an Esqase eSignature hold up in court?

No signature method can guarantee a court outcome, but a signature cannot be rejected solely because it is electronic. If a signature is challenged, the enforcing party must prove its authenticity, and the Esqase Certificate of Completion (signer identity, the versioned disclosure text accepted, UTC times for opening, consent, and signing, the signature adoption method, the IP address and device of the signing session, and the hashes of the original and signed files) helps establish attribution and integrity (see Section 6).

Can a signer decline to sign electronically?

Yes. The signing page carries a Decline button, available at any point, with an optional reason box. A decline ends the request for every signer on that document, so a signer who simply wants a paper copy or a different method should instead close the page without signing and contact the firm that sent the document. Declining for one document does not affect the signer's ability to sign electronically in the future (see Section 8.1).

Does a signer need an Esqase account?

No. Each signer receives an email carrying a link that is unique to them, opening the signing page at docs.esqase.com. To open the document the signer confirms the email address the firm holds for them and opens a single-use sign-in link sent to it, or enters the password the firm set on the link. No account, registration, or software installation is required beyond a modern web browser (see Section 11).

What does the Certificate of Completion include?

The document name, request reference, requesting firm, completion and issuance times, and the hashes of the original and signed files; for each signer, their full name and email address, the UTC times they opened the document, accepted the disclosure, and signed, how they created their signature, and the IP address and device of the signing session; and the versioned disclosure text that was accepted. Esqase produces the certificate both appended to the signed PDF and as a standalone file stored separately, and only the standalone copy prints the hash of the signed file (see Section 7.2).

What happens if a document is changed after signing?

Esqase records a hash of the finished PDF at completion and seals it, so any alteration made after signing produces a different hash and is detectable. Because the Certificate of Completion is also stored separately from the signed document, the original signing record remains available for comparison (see Section 7.3).

13. Changes to These Guidelines and the Consent Version

We may update these Guidelines from time to time, for example when a statute changes, when a court or regulator issues new guidance, or when we change how the eSignature feature works. We will post the updated Guidelines at this address and revise the "Last updated" date above. Because these Guidelines form part of the Terms of Service, material changes are notified in accordance with Section 21 of the Terms.

The Consent version at the top of this page identifies the version of the Electronic Record and Signature Disclosure that the Service currently presents to signers. It is not a date on which these Guidelines changed, and it moves only when the disclosure's own wording changes. Every signature captured through the Service stores the full disclosure text the signer accepted, prefixed with the version in force at that moment, and that stored text, not the current one, is what the Certificate of Completion reproduces. A change to the current version does not affect a signature already made.

14. Contact

For questions about these eSignature Guidelines, contact us at:

Esqase, Inc.
2810 N Church St STE 89268
Wilmington, DE 19802, United States
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