Electronic Records and Signatures Consent
Approved legal and compliance content sourced from 03_Electronic_Records_and_Signatures_Consent.md.
1. Scope
1.1 This Electronic Records and Signatures Consent (the "Consent") describes how [LEGAL ENTITY NAME — the entity that contracts with users; confirm exact legal name, entity type, and jurisdiction] ("Escrow Bunny," "we," "us") provides records electronically and obtains electronic signatures and acceptances on the Escrow Bunny platform, websites, applications, and APIs (the "Service").
1.2 This Consent applies to all electronic records, disclosures, notices, agreements, and signatures relating to your use of the Service, including the Terms of Service, Privacy Policy, the Standard Escrow Agreement, Buyer/Seller Escrow Instructions, and the other incorporated Policies (collectively, "Communications").
1.3 This Consent is incorporated by reference into the Terms of Service. In the event of conflict, [specify precedence — counsel decision; see Terms of Service Section 1.3].
1.4 This Consent does not itself create the substantive obligations contained in any agreement; it governs the manner in which records are delivered and signatures/acceptances are captured.
2. Definitions
- "Electronic record" — a record created, generated, sent, communicated, received, or stored by electronic means.
- "Electronic signature" / "e-signature" — an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted with intent to sign, including a click-to-accept action.
- "Acceptance" — a recorded act of agreeing to a specified document at a specified version (including click-through acceptance).
- "Communications" — has the meaning in Section 1.2.
- "Consent record" — the data captured to evidence that a User consented to or accepted a specific document type and exact version.
- "Access medium" — the hardware, software, and connectivity needed to receive, view, and retain electronic records (Section 6).
- Other capitalized terms have the meaning given in the Terms of Service.
3. Consent to Electronic Records and Signatures
3.1 By accepting this Consent, you agree that:
- you consent to receive all Communications electronically;
- electronic records satisfy any legal requirement that Communications be provided in writing;
- your electronic signature or click-to-accept action has the same legal effect as a handwritten signature, to the maximum extent permitted by applicable law; and
- you intend your electronic actions to constitute your signature and agreement.
3.2 [PLACEHOLDER — counsel to confirm the governing electronic-signature/records framework(s) for each jurisdiction in which the Service operates (for example, US federal and state e-signature/records laws, and equivalent regimes in other jurisdictions), and to confirm any transactions or notices that are excluded from electronic treatment by law and must instead be delivered by another method.]
3.3 Excluded records. Certain notices or documents may be excluded from electronic delivery by law and, where applicable, will be provided by an alternative method. [PLACEHOLDER — counsel to enumerate any excluded categories per jurisdiction.]
4. Method of Providing Electronic Records
4.1 We may provide Communications by one or more of the following:
- posting them within the Service (e.g., in your Account or transaction views);
- sending them to the email address associated with your Account (email delivery is provided via Brevo);
- making them available for download in a viewable, retainable format; and/or
- other electronic means we reasonably designate and notify.
4.2 You are responsible for keeping your email address and contact information accurate and current, and for maintaining the ability to receive Communications (including ensuring messages are not blocked or filtered).
4.3 Communications are considered received when posted within the Service or sent to your email address, [subject to counsel-confirmed deemed-receipt rules and any required confirmation-of-delivery standards]. Detailed legal-notice handling is set out in the Support, Complaints, and Legal Notices Policy.
5. Retention and Access to Records
5.1 We will make electronic records available for [retention/availability period — PLACEHOLDER; align with the Data Retention and Deletion Policy and applicable recordkeeping law].
5.2 You may [view / download / print — confirm available options] records through the Service. We recommend you retain copies of all Communications.
5.3 Records of consents and acceptances are retained as described in the Data Retention and Deletion Policy. Acceptance records contained within immutable, hash-chained Audit Logs cannot be altered or selectively deleted. [Counsel to confirm interaction with data-subject deletion rights and statutory retention — see Privacy Policy Sections 10–11 and Data Retention and Deletion Policy.]
6. Hardware and Software Requirements
6.1 To access and retain electronic records you need: a device with internet access; a current web browser [specify supported browsers/versions — PLACEHOLDER]; a valid email account; software capable of viewing [specify formats, e.g., HTML and PDF — confirm]; and the ability to download or print records for retention.
6.2 If our hardware or software requirements change in a way that creates a material risk that you cannot access or retain records, we will notify you and, where required by law, provide an opportunity to withdraw consent without penalty. [Counsel to confirm change-notice obligations.]
7. Consent and Acceptance Capture (Technical)
7.1 Consent and acceptance are captured by document type and exact version.
7.2 For each consent or acceptance, we record the associated User, the document type, the exact document version, the timestamp, the IP address, and the user agent.
7.3 For acceptance of a Standard Escrow Agreement, acceptance is captured per Escrow, per User, by party role, agreement version, IP address, user agent, and timestamp, consistent with the Standard Escrow Agreement and the Terms of Service.
7.4 These records are maintained to evidence the existence, scope, and version of your consent and agreement. Audit Logs evidencing these events are immutable and hash-chained.
7.5 If you do not provide a required consent or acceptance, you may be unable to use the relevant part of the Service. In particular, funding of an Escrow is blocked until required verification gates pass and the applicable Standard Escrow Agreement is accepted.
8. Withdrawing Consent
8.1 You may withdraw consent to receive Communications electronically by [withdrawal method / contact channel — PLACEHOLDER].
8.2 Withdrawal is effective only prospectively and does not affect the legal validity or enforceability of:
- Communications provided or signatures/acceptances made before withdrawal took effect; or
- records that must be retained under law or that reside in immutable Audit Logs.
8.3 Because the Service is delivered electronically, withdrawing consent may mean you can no longer use some or all of the Service, including creating, funding, or completing an Escrow. [Counsel to confirm consequences language and any required alternative-delivery option.]
8.4 We may treat withdrawal of consent as a request to [close the Account / restrict access — confirm operational consequence], subject to obligations under any active Escrow and applicable retention requirements.
9. Updating Your Contact Information
9.1 You must promptly update your email address and other contact details through [account settings / contact channel — PLACEHOLDER]. We are not responsible for non-receipt resulting from outdated or inaccurate contact information you failed to update.
10. Changes to This Consent
10.1 We may update this Consent. Material changes will be notified by [notice method — PLACEHOLDER] with a stated effective date, and a new version will be presented for acceptance where required. The version and effective date are recorded, and acceptance is captured by document type and exact version.
11. User Acknowledgements
By accepting this Consent, you acknowledge and agree that:
- You consent to receive all Communications electronically and that electronic records satisfy any "in writing" requirement to the extent permitted by law.
- Your electronic signature and click-to-accept actions are legally binding and intended as your signature.
- You meet the hardware and software requirements in Section 6 and can access and retain electronic records.
- You understand consent and acceptance are captured by document type and exact version, with User, timestamp, IP address, and user agent, and that escrow agreement acceptance is additionally captured per Escrow and party role.
- You understand certain acceptance records reside in immutable Audit Logs and cannot be altered or selectively deleted.
- You understand how to withdraw consent and the consequences of doing so, including possible loss of access to the Service.
Acceptance capture: Acceptance of this Consent is recorded by document type and exact version, with associated User, timestamp, IP address, and user agent.
12. Contact / Legal Notice
- Operating entity: [LEGAL ENTITY NAME — PLACEHOLDER]
- Registered address: [ADDRESS — PLACEHOLDER]
- Consent / e-records contact: [EMAIL — PLACEHOLDER]
- Withdrawal-of-consent channel: [EMAIL / PORTAL — PLACEHOLDER]
- Legal notices: [LEGAL NOTICE EMAIL / POSTAL ADDRESS — PLACEHOLDER; see Support, Complaints, and Legal Notices Policy]
13. Change History
| Version | Date | Summary | Author |
|---|---|---|---|
| 0.1 | [2026-05-17 DRAFT] | Initial first-pass draft for counsel review. | [DRAFTER / Claude-assisted] |