Terms of Service
1. Who you are contracting with
WriteOffer is operated by 2319721 Ontario Inc., an Ontario corporation carrying on business as WriteOffer, of Kitchener, Ontario. In these terms, “we” and “WriteOffer” mean that business, and “you” means the account holder.
2. The service is for business use
WriteOffer is sold to real estate professionals and other businesses for use in their work. It is not offered for personal, family or household purposes. By creating an account you confirm you are using it in the course of a business, that you are at least 18, and that you have authority to agree to these terms on behalf of whoever will be billed.
3. Price
WriteOffer is free to use while it is in early access. There is no subscription, no purchase and no charge of any kind, and there is nothing to cancel.
We intend to charge for WriteOffer in future. When we do, subscriptions bought in our iPhone app will be billed by Apple through your App Store account, and subscriptions bought in our Android app will be billed by Google through your Google Play account. Renewal, payment and cancellation are handled by the store you bought from, in that store’s account settings — not by us, and we cannot cancel or refund on your behalf.
We will tell you by email at least 30 days before any charge applies to an existing account, and you will have to agree to the new terms before anything is billed. Prices will be in Canadian dollars and shown in the store before you buy.
4. What WriteOffer does — and what it does not do
WriteOffer takes a PDF you upload, lets you place signature fields on it, emails a signing link to the people you name, records what they do, and produces a sealed PDF with a certificate of completion.
We do not provide legal advice. We do not review your documents. We do not advise on whether a particular document may lawfully be signed electronically, whether it says what you meant it to say, or whether it is enforceable. Nothing on this site or in the product is a legal opinion, and using WriteOffer does not create a solicitor-client relationship. If a document matters, have a lawyer look at it.
5. Electronic signatures, and what cannot be signed electronically
Alberta's Electronic Transactions Act provides that a requirement for a signature is satisfied by an electronic signature, which it defines as electronic information a person creates or adopts in order to sign a record, in or attached to that record. A signature drawn or typed in WriteOffer and stamped into your PDF is intended to meet that definition. The Act also provides that nobody can be required to accept an electronic record without their consent.
The Act does not apply to certain records. You must not use WriteOffer to sign, and we make no representation about the validity of, any of the following:
- wills and codicils, and trusts created by them;
- enduring powers of attorney and personal directives;
- guarantees requiring an acknowledgment under the Guarantees Acknowledgment Act;
- negotiable instruments and documents of title;
- records that create or transfer an interest in land where registration is required to make them effective — in particular, Land Titles transfer instruments, which must be executed through Alberta Land Titles Online by an authorized user, with supporting affidavits still requiring wet-ink signatures.
A residential purchase contract is a different thing from the Land Titles transfer that follows it, and is generally capable of being signed electronically. That distinction is yours to apply to your own transaction, with advice, not ours to decide for you.
6. Your responsibilities as the sender
You control who receives a document and what it says. You are responsible for:
- Identity. WriteOffer does not verify that the person who opens a signing link is who you believe it to be. We record an email address, IP address, browser and timestamps. We do not check government ID, and you must not represent to anyone that we do.
- Authority and consent. Having the right to send the document and the personal information in it, and making sure each signer has agreed to sign electronically.
- Document type. Confirming the document is one that may lawfully be signed electronically — see section 5.
- Accuracy. Checking the sealed PDF when it arrives. If a field landed in the wrong place or a signature is missing, tell us and do not rely on the document.
- Your own regulatory obligations. Including your record-keeping duties under the Real Estate Act Rules and FINTRAC, and your privacy obligations to your clients.
7. Email we send on your behalf
When you send a document, we transmit email to your recipient on your behalf. You confirm that each recipient is someone you have an existing relationship with in connection with the transaction the document relates to, so that the message is one that facilitates a transaction they have already agreed to enter into with you.
You must not ask us to send documents to people who have not agreed to deal with you, and you must not use the service to send marketing. We identify both WriteOffer and you as the sender in every message, and include an unsubscribe mechanism where one is required.
8. Your documents and your data
Your documents are yours. You grant us only the licence we need to run the service: to store, render, stamp, transmit and back up your files, and to produce the sealed copy and certificate. That licence ends when the material is deleted.
We keep the audit trail for each document — views, signatures, timestamps, IP addresses — and the SHA-256 hashes of the original and sealed files, so the record can be produced later if a signature is ever questioned. You can download your documents at any time while your account is active. On cancellation we will give you a reasonable opportunity to export before deleting.
9. Acceptable use
Do not use WriteOffer to break the law, to send documents you have no right to send, to impersonate anyone, to upload malware, to probe or interfere with the security of the service, or to resell it as your own product without our written agreement. We may suspend an account that is doing any of these, and will tell you why.
10. Availability
We do not offer a service level agreement. The service depends on hosting, database and email providers outside our control, and may be unavailable for maintenance or because of a fault. We aim to keep it running and to be honest with you when it is not. Do not build a workflow that assumes the service will be available at a specific moment.
11. Warranties
The service is provided as is and as available. To the extent permitted by law, we expressly exclude all implied warranties, conditions and representations, including any implied by the Sale of Goods Act (Alberta) as to merchantable quality or fitness for a particular purpose, and any warranty that the service will be uninterrupted, error-free, or that a document signed through it will be held valid or enforceable by a court or registrar.
12. Limitation of liability
Neither party is liable to the other for indirect, incidental, special, punitive or consequential loss, or for lost profits, lost business, lost opportunity, or a transaction that does not complete, even if the possibility was known.
Our total aggregate liability arising out of or relating to the service, on any basis including contract and negligence, is limited to the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, and (b) CAD $500.
Nothing in these terms excludes or limits liability for fraud, fraudulent misrepresentation, or any liability that cannot lawfully be excluded.
13. Indemnity
You will indemnify us against claims brought by a third party — including a signer or a client of yours — arising from a document you sent, the contents of that document, your lack of authority to send it, or your breach of these terms. We will tell you promptly about any such claim and let you control the defence of it.
14. Ending the agreement
You may cancel at any time. We may terminate or suspend an account for a material breach of these terms, or on 30 days' notice if we discontinue the service. If we discontinue the service, we will give you a reasonable period to export your documents and will refund any prepaid unused portion.
15. Changes to these terms
We may update these terms. For material changes we will give account holders at least 30 days' notice by email, and continuing to use the service after that means you accept them. If you do not, cancel before the change takes effect.
16. Governing law
These terms are governed by the laws of Alberta and the laws of Canada that apply there. The courts of Alberta have jurisdiction, and both parties submit to them.
17. General
If a provision is unenforceable, the rest stands. Our failure to enforce something is not a waiver of it. You may not assign these terms without our consent; we may assign them to a successor of the business on notice to you. These terms and the Privacy Policy are the entire agreement between us about the service.
18. Contact
Questions about these terms: legal@writeoffer.com. Questions about personal information: see the Privacy Policy.