E-SIGN and Electronic Communications Consent
On this page
Provider: Attestly LLC, a Wyoming limited liability company ("Attestly", "we", "us", "our")
1. What you are agreeing to
1.1 Doing business electronically. By checking the one acceptance box on the signup page (or on the page shown at your first sign-in, if your account was opened for you), which names and links this consent together with our Terms of Service, Restricted Businesses list and Privacy Policy, and clicking the button next to it, you agree that Attestly may provide, and you may sign and receive, everything connected with your Attestly account electronically instead of on paper. This is your consent under the federal Electronic Signatures in Global and National Commerce Act ("E-SIGN") and the Uniform Electronic Transactions Act as adopted in the states.
1.2 Who gives this consent. You give this consent for the business that opens or uses the account, and for yourself as the person acting for it. If you are a sole proprietor, you give it as an individual too.
1.3 This consent is voluntary. You are not required to receive communications electronically. However, the Attestly services are offered only online, so if you do not consent, or later withdraw your consent, we will not be able to open or keep your account (see Section 5).
2. What this consent covers
This consent applies to every communication and record we provide in connection with your account, your agreements with us and the services, for as long as you have an account and afterwards for any communication about it. It includes:
- (a) our agreements and policies, every update to them, and the record of your acceptance;
- (b) documents you or we sign electronically, including applications, authorizations, personal guaranties, partner and agent agreements and order forms;
- (c) notices and disclosures, including notices about information requests, holds, reserves, payout delays, suspensions, closures, fee changes and changes to our terms;
- (d) statements, invoices, receipts, payout and transaction records, and dispute and chargeback notices;
- (e) privacy notices and security notices, including notice of a security incident where the law allows electronic notice; and
- (f) tax documents, such as Form 1099-K or Form 1099-NEC, but only if you also give the separate tax consent in Section 6.
3. How we will provide communications
3.1 Methods. We may provide communications by:
- (a) posting them in your Attestly dashboard or partner portal;
- (b) sending them to the email address on your account, either in the body of the email or as an attachment or link;
- (c) delivering them through our API or webhooks, where you have set these up; or
- (d) showing them on our website or on a screen in the signup or signing flow.
3.2 When a communication is received. A communication is treated as received when we post it to your dashboard or send it to the email address on your account, whether or not you open it. You are responsible for checking your dashboard and email regularly.
3.3 Electronic signatures. When you click a button that says you agree, type your name, draw or adopt a signature in our signing flow or in the electronic signing service we use, or enter a one-time code to confirm a signature, that action is your electronic signature. It has the same legal effect as a handwritten signature, and you intend it to sign the document shown.
3.4 Our record of your signature. For each electronic signature or acceptance we keep the document or version you signed or accepted, the date and time, the IP address, the device and browser information, and the name, email and login of the signer. We keep these records for the periods in Section 10 of our Privacy Policy.
4. What you need
4.1 Hardware and software. To access and keep electronic communications you need:
- (a) a computer, tablet or phone with an internet connection;
- (b) a current version of Chrome, Safari, Edge or Firefox, with cookies and JavaScript enabled;
- (c) software that opens PDF files (most current browsers include it);
- (d) a valid email address that you can access, and enough storage space to save communications or a printer to print them; and
- (e) for multi-factor authentication, an authenticator app or a phone that can receive text messages.
4.2 Showing you can access them. By checking the box and clicking to consent, you confirm that you can open and read this consent, which we provide in the same electronic form as the other communications, and that you can save or print it. If you cannot, do not consent.
4.3 Changes to the requirements. If we change these requirements in a way that creates a material risk that you will not be able to access or keep communications, we will tell you before the change takes effect, and you may withdraw your consent without any fee.
5. Your rights
5.1 Paper copies. You may ask for a paper copy of any communication we have provided electronically, at no charge, within 2 years after we provided it, by emailing legal@useattestly.com with your account email and the communication you want. Asking for a paper copy does not withdraw your consent.
5.2 Withdrawing consent. You may withdraw this consent at any time by emailing legal@useattestly.com with the subject "Withdraw electronic consent", or by writing to us at the address in Section 8. Withdrawal is effective after we have had a reasonable time to act on it (no more than 10 business days). Because the services are provided only online, withdrawing consent means we will close your account under your agreement with us. Withdrawal does not affect the legal effect of communications provided, or documents signed, before it takes effect, and it does not end any obligation you already have, such as amounts you owe or the release rules for held funds.
5.3 Keeping your contact details current. You must keep the email address on your account current. You can update it in your dashboard settings, or by emailing support@useattestly.com from your current account email. If an email we send is returned as undeliverable, we may treat the communication as delivered by posting it in your dashboard, and we may limit your account until you update your email.
6. Separate consent for tax documents
6.1 Separate checkbox. Tax documents such as Form 1099-K and Form 1099-NEC are provided electronically only if you check a separate box consenting to it. If you do not, we, or the payment processor responsible for the form, will send it on paper by mail.
6.2 What the tax consent covers. It covers every tax information statement for your account until you withdraw it. You may withdraw it, or ask for a paper copy of a tax form, by emailing tax@useattestly.com. A withdrawal applies to forms provided after we process it. We will tell you if the tax consent ends for any other reason, for example if we stop providing forms electronically.
6.3 How tax forms are provided. We will email you when a tax form is available in your dashboard. The form will remain available there until at least October 15 of the year after the year it covers.
7. Texts, calls and other channels
7.1 This consent does not cover marketing texts or automated marketing calls. We send text messages only to people who have agreed to receive them, and you can reply STOP to opt out. Security codes sent by text for multi-factor authentication are part of the services.
7.2 We may record onboarding, underwriting and support calls as described in our Privacy Policy. We will tell you at the start of a recorded call.
8. Contact
Attestly LLC
Attn: Legal
75 E 3rd St, Ste 7, Sheridan, WY 82801
Email: legal@useattestly.com
9. The checkbox text
The signup page (and the first sign-in page for an account our team opened for you) shows this text next to one unchecked box, with a link to each document it names (the Terms of Service are our Merchant Services Agreement, and "E-SIGN Consent" links to this consent). Checking that one box and clicking the button gives this consent and accepts the other documents at the same time, and we record a separate acceptance for each document under Section 3.4:
"I'm authorized to act for the business and agree to the Attestly Terms of Service, Restricted Businesses list and Privacy Policy, and to receive and sign agreements and notices electronically under the E-SIGN Consent, which I can open and save."
One line under the box names the button that completes the step, for example:
"Clicking "Agree and create account" is your electronic signature."
The button reads "Agree and create account" or "Agree and activate my account" at signup and "Agree and continue" at a first sign-in.
When a business is onboarded as a connected account through Attestly Connect, its onboarding page shows the same box with this text, naming the platform's own terms when the platform has them:
"I agree to the Attestly Terms of Service, Restricted Businesses list and Privacy Policy, and to receive and sign agreements and notices electronically under the E-SIGN Consent, which I can open and save."
and, under it, "Clicking "Agree and submit" is your electronic signature."
A second, separate unchecked box, shown where tax information is collected:
"I consent to receive my tax forms (such as Form 1099-K) electronically instead of on paper."