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
This clause establishes DocuSign's authority to alter contractual terms prospectively without negotiation. The mechanism for binding users to modified terms operates through constructive notice via website posting combined with continued service use, rather than affirmative 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
We reserve the right to modify these Terms at any time. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Service or updating the 'Last Updated' date at the beginning of these Terms. Your continued use of...
We reserve the right, at our sole discretion, to change or modify these Terms at any time. If we do this, depending on the nature of the change, we will post the changes on this page and indicate at the top of this page the date these Terms were last revised or notify you, either through the Website...
We may modify the Terms from time to time. The most current version of the Terms will be located here. You understand and agree that your access to or use of the Service is governed by the Terms effective at the time of your access to or use of the Service. If we make material changes to these Terms...
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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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This clause establishes DocuSign's authority to alter contractual terms prospectively without negotiation. The mechanism for binding users to modified terms operates through constructive notice via website posting combined with continued service use, rather than affirmative 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 56 platforms. See the full comparison.
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