Electronic Records and Signatures Disclosure

1. About this disclosure

From time to time FlowSign (we, us or Company) may be required by law, contract, or our own operating standards to provide you with written notices or disclosures. This document describes how we do that electronically through the FlowSign platform and asks for your agreement to receive them that way.

Please read this disclosure carefully. If you can access this information electronically to your satisfaction and agree to receive records and signatures in this form, confirm your agreement by selecting the box next to "I agree to use electronic records and signatures" before continuing with a signing session.

2. Legal basis in New Zealand

Electronic signatures and records are recognised in New Zealand under Part 4, subpart 3 of the Contract and Commercial Law Act 2017 (CCLA), which incorporates the substance of the earlier Electronic Transactions Act 2002. By consenting to sign electronically, you agree that a signature you apply through FlowSign is intended to be your signature for the purposes of the CCLA and any related instrument, and that a record delivered to you through FlowSign satisfies any requirement that the record be in writing, so far as the CCLA allows.

Section 226 of the CCLA requires an electronic signature to be "as reliable as appropriate" in light of all the circumstances of the underlying transaction. It is the sender's responsibility to choose the level of assurance appropriate to the document; FlowSign's default (email address plus IP and user-agent capture) is fit for routine business documents but may not be sufficient for high-value, disputed or highly regulated transactions.

Nothing in this disclosure limits any right you have that cannot be excluded under New Zealand law, including under the Consumer Guarantees Act 1993 or the Fair Trading Act 1986 where those Acts apply.

3. Getting paper copies

At any time, you may request from the sender of an envelope a paper copy of any record provided or made available electronically to you. You will have the ability to download and print documents sent to you through FlowSign during and immediately after the signing session, and, if you elect to create a FlowSign account, you may access documents you signed through that account for a limited period after they were first sent to you.

If you wish the sender to send you paper copies from their office, they may provide these at their own cost. The sender may charge you for that at the time. You may request delivery of paper copies by following the procedure in the "How to contact the sender" section below.

4. Withdrawing your consent

If you decide to receive notices and disclosures electronically, you may at any time change your mind and tell the sender that from that point on you want to receive required notices and disclosures only in paper format. The process for informing them and for withdrawing your consent to receive notices and disclosures electronically is set out in the "How to withdraw consent with the sender" section below.

5. Consequences of changing your mind

If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which the sender can complete steps in their transactions with you and deliver services to you, because they will need to send the notices or disclosures to you on paper and then wait to receive your acknowledgement. You will also no longer be able to use FlowSign to receive required notices electronically from the sender, or to sign documents from the sender electronically.

6. All notices and disclosures will be sent to you electronically

Unless you tell the sender otherwise under this disclosure, the sender will provide electronically to you through FlowSign all required notices, disclosures, authorisations, acknowledgements, and other documents that are required to be provided or made available to you during the course of the relationship.

To reduce the chance of you inadvertently not receiving any notice or disclosure, the sender prefers to provide all required notices and disclosures to you by the same method and to the same address you have given. You can receive them either electronically through FlowSign, or on paper by post. If you do not agree with this process, please let the sender know as described below.

7. About the sender of an envelope

The party who created and issued an envelope through FlowSign is the sender. FlowSign operates the platform; the sender is the party you are transacting with, and is responsible for the records in that envelope. The sender's name and contact email appear on the signing invitation you received and on the envelope's Certificate of Completion.

8. How to contact the sender

You may contact the sender to let them know about changes to how they may contact you electronically, to request paper copies of information they have provided electronically, and to withdraw your consent to receive notices and disclosures electronically. For any envelope, contact the sender using the email address shown on the signing invitation.

9. How to advise the sender of your new email address

To let the sender know of a change in the email address to which they should send notices and disclosures electronically, send an email to the sender's address stating your previous email address and your new email address. The sender does not require any other information from you to change your email address.

If you have created a FlowSign account, you may also update it with your new email address through your account preferences.

10. How to request paper copies from the sender

To request paper copies of notices and disclosures previously provided to you electronically, send an email to the sender stating your email address, full name, mailing address, and telephone number. The sender will bill you for any fees at that time, if any apply.

11. How to withdraw consent with the sender

To inform the sender that you no longer wish to receive future notices and disclosures in electronic form, you may either (i) decline to sign a document from within your signing session and, on the subsequent page, select the option indicating you wish to withdraw your consent, or (ii) send an email to the sender stating your email address, full name, mailing address, and telephone number.

The sender does not need any other information from you to withdraw consent. The consequence of withdrawing consent for online documents is that transactions may take longer to process.

12. How to contact FlowSign

FlowSign operates the platform on which envelopes are created and signed. For questions about the platform itself (rather than about the records in a specific envelope, which are the sender's), contact us by email:

• Legal: legal@flowsign.app
• Privacy: privacy@flowsign.app
• Security: security@flowsign.app
• Support: support@flowsign.app

More detail about what FlowSign records in an envelope's audit trail is set out in our Privacy Policy.

13. Required hardware and software

To use FlowSign you need a modern web browser with cookies enabled, a stable internet connection, and access to the email account the sender has for you. To view or print PDF documents, you also need PDF-capable software such as a current desktop or mobile browser or a PDF reader.

We support the current and immediately previous major versions of Chrome, Edge, Firefox and Safari. On older browsers some functions of the service may not work and you may not receive the same level of assurance about the signing process. Minimum system requirements may change over time. If we materially update these requirements in a way that affects your ability to receive electronic records, we will notify you.

14. Documents that may need to be signed on paper

Some documents cannot be validly signed electronically in some jurisdictions. In New Zealand, the Contract and Commercial Law Act 2017 (Schedule 5) and other legislation expressly exclude a number of document types from the general electronic-signature regime, including:

• Wills and codicils.
• Enduring powers of attorney under the Protection of Personal and Property Rights Act 1988.
• Ordinary powers of attorney where witnessing formalities apply.
• Affidavits, statutory declarations, and other documents made under the Oaths and Declarations Act 1957.
• Documents required by law to be witnessed by a Justice of the Peace, notary public, solicitor or other authorised person.
• Certain instruments registered under the Land Transfer Act 2017 that require signing in the presence of a nominated witness.

This list is not exhaustive, and other jurisdictions have their own exclusions. Whether an electronic signature is effective for a particular document is ultimately a matter between the signers and their advisers; FlowSign does not provide legal advice. If you are unsure, seek advice before signing.

15. Acknowledging your access and consent

To confirm that you can access this information electronically, which will be similar to other electronic notices and disclosures the sender will provide to you, please confirm that you have read this disclosure and that (i) you are able to print or electronically save this disclosure for future reference, or (ii) you are able to email this disclosure to an address where you can print or save it for future reference.

If you consent to receive notices and disclosures exclusively in electronic format as described in this disclosure, select the box next to "I agree to use electronic records and signatures" before continuing within FlowSign. By doing so you confirm that:

• You can access and read this Electronic Records and Signatures Disclosure.
• You can print this disclosure on paper, or save or send this disclosure to a location where you can print it for future reference.
• Until or unless you notify the sender as described above, you consent to receive electronically all notices, disclosures, authorisations, acknowledgements and other documents that are required to be provided or made available to you by the sender during the course of your relationship with them through FlowSign.

Studio Phoenix Limited trading as FlowSign · New Zealand · legal@flowsign.app
NZBN 9429047886629 · NZ Company 7857036 · Companies Register