DocuSign can change the rules of service at any time by posting updated terms online; if you keep using the service after they post changes, you are considered to have agreed to the new terms.
This analysis describes what DocuSign's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Continued use of the service after a terms change counts as agreement, even if you did not actively read or approve the new terms, which may alter your rights without explicit consent.
If DocuSign updates its terms to be less favorable, simply continuing to use the e-signature platform is treated as your acceptance of those changes, even if the changes expand DocuSign's rights or reduce your protections.
How other platforms handle this
Target reserves the right to change these Terms at any time. We will post notification of changes to these Terms on this page. Your continued use of the Target Services after any changes to these Terms constitutes your acceptance of the new Terms.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking eff...
Uber reserves the right to modify the terms and conditions of these Terms or its policies relating to the Services at any time, effective upon posting of an updated version of these Terms on the Services. You should regularly review these Terms, as your continued use of the Services after any such c...
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"Docusign reserves the right to modify these Terms at any time. We will provide you with notice of such modifications by posting the updated Terms on our website and updating the 'Last Updated' date. Your continued use of the Services following such notice constitutes your acceptance of the updated Terms.— Excerpt from DocuSign's DocuSign Terms and Conditions
(1) REGULATORY LANDSCAPE: The enforceability of unilateral modification clauses accepted through continued use is well-established in US contract law but faces scrutiny under EU consumer protection law, particularly the Unfair Contract Terms Directive, which may render such clauses unenforceable against consumers without meaningful consent. California and other states have consumer protection doctrines that may limit constructive acceptance through passive use. (2) GOVERNANCE EXPOSURE: Medium. The provision allows DocuSign to alter material terms, including the arbitration clause, data use rights, or pricing, with only website notice. Enterprise customers relying on contractual stability should confirm whether their MSA includes a no-modification clause or advance notice requirements that supersede this provision. (3) JURISDICTION FLAGS: EU and UK consumer law may require affirmative consent for material contract changes. Businesses operating in these jurisdictions and using DocuSign services should assess whether their employees or customers are protected by local law notwithstanding this clause. (4) CONTRACT AND VENDOR IMPLICATIONS: Vendor management programs should include a mechanism to monitor DocuSign terms changes, particularly for organizations in regulated industries where contract terms affect compliance obligations. The provision creates operational risk if a material change goes unnoticed and inadvertently alters the legal relationship. (5) COMPLIANCE CONSIDERATIONS: Legal and procurement teams should subscribe to DocuSign's legal update notifications and establish an internal review process for any posted modifications. Any change that materially affects data processing, arbitration rights, or service scope should trigger a contract review and, where applicable, a regulatory assessment.
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Continued use of the service after a terms change counts as agreement, even if you did not actively read or approve the new terms, which may alter your rights without explicit consent.
If DocuSign updates its terms to be less favorable, simply continuing to use the e-signature platform is treated as your acceptance of those changes, even if the changes expand DocuSign's rights or reduce your protections.
ConductAtlas has identified this type of provision across 63 platforms. See the full comparison.
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