Legality of Lexigogo video contracts

Lexigogo video contracts are electronic documents signed with electronic signatures.  According to most national and regional laws (including in the United States, the European Union, Brazil, Canada, Australia, Russia and India), electronic signatures cannot be denied legal effect in court and are therefore legally binding for almost every personal or business transaction.

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Lexigogo video contracts have been developed so that:

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• A signer can be uniquely identified (unique email-based username and password, including an email verification step)

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• A signer can be uniquely linked to the signature (email authentication and the use password-based signature)

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• The signers have access to effective contracts at any time (password-protected access)

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• Effective contracts cannot be altered or tampered with (all contracts are stored in the Lexigogo Cloud)

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For a Lexigogo video contract to be valid – as is the case with any other verbal agreement or formal written contract – it must also include the following essential elements:

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• The offer and acceptance. An offer is made by one party which is then accepted by another.

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• Legal purpose. The purpose of the contract must be lawful.

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• Lawful consideration. There must be an exchange of value (monetary or otherwise) between the parties and what is exchanged must be legal.

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• Certainty of terms. The terms of the contract cannot be vague, incomplete or mistaken/misrepresented.

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• Free consent. The parties, both being of sound mind, consent to the terms of the agreement freely, meaning without undue influence, coercion, duress or misrepresentation of facts.

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Please note that some transactions are not suitable for electronic signatures and explicitly require handwritten contracts or a formal notarial process. Such exclusions vary from country to country but commonly include transactions involving or related to official court documents, powers of attorney, wills, adoption and divorce documents and real estate contracts. In case of doubt about the legality of a specific transaction in a Lexigogo video contract in a specific geography or jurisdiction, we recommend that you consult a lawyer licensed to practice law in your country or state.

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Examples of national and regional laws and regulations covering electronic documents and signatures:

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• The United States: The Electronic Signatures in Global and National Commerce Act (also known as eSIGN) and The Uniform Electronic Transactions Act (also known as UETA)

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• The European Union: Regulation 910/2014 (also known as EIDAS)

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• Canada: Personal Information Protection and Electronic Documents Act (also known as PIPEDA)

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• Australia: The Electronic Transaction Act

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• India: The Information Technology Act

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