Terms of Service

1. The Company

CapitalKey is operated by CapitalKey Inc., a company organized under the laws of the Commonwealth of Massachusetts, with its principal office at One Federal Street, Suite 1900, Boston, MA 02110. By accessing or using CapitalKey (the “Service”), you agree to these Terms of Service.

2. Accounts

You are responsible for safeguarding your account credentials and for all activity under your account. You must provide accurate information and keep it current. You must be at least 18 years old and authorized to bind your organization to these terms. Seats are personal: credentials may not be shared between individuals.

3. Acceptable Use

You agree not to use the Service to:

• Deposit unlawful content, or content you lack the right to store, release, or execute;
• Attempt to reach another organization's vault, access keys, or ledger;
• Circumvent security, access controls, encryption, key expiry, or rate limits;
• Transmit malware or conduct unauthorized security testing against the Service;
• Present a signature as made by a person who did not in fact make it.

4. Electronic Signatures

Signatures captured through the Service are intended to satisfy the federal Electronic Signatures in Global and National Commerce Act (15 U.S.C. § 7001) and the Massachusetts Uniform Electronic Transactions Act (M.G.L. c. 110G). By signing a document in the Service you consent to transact electronically, you confirm your intent to sign, and you agree that the resulting record and certificate of execution have the same legal effect as a handwritten signature.

You may withdraw consent to transact electronically at any time by contacting us, in which case documents must be executed by other means. CapitalKey Inc. is not a law firm and provides no legal advice. Some instruments carry statutory formalities — including notarization, witnessing, or recording — that the Service does not perform. Determining whether an electronic signature is appropriate for a given transaction is your responsibility.

5. Custody, Termination & Retention

You may close your account at any time and export your documents, versions, and ledger before or after doing so. We may suspend or terminate access for breach of these terms. Unless a longer period is required by law or an active legal hold applies, residual records are retained for up to ten (10) years and then disposed of in a logged, defensible manner. Ledger entries are append-only and are never edited or deleted on request.

6. Limitation of Liability

The Service is provided “as is.” To the maximum extent permitted by law, CapitalKey Inc. is not liable for indirect, incidental, or consequential damages. Our aggregate liability is limited to the amounts you paid for the Service in the twelve (12) months preceding the claim.

7. Governing Law

These terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules. The exclusive venue for any dispute is the state and federal courts located in Suffolk County, Massachusetts (Suffolk County state courts and the U.S. District Court for the District of Massachusetts).

7.1 Consumer Protection

Nothing in these terms limits rights you may have under the Massachusetts Consumer Protection Act, M.G.L. c. 93A, which is enforced by the Massachusetts Attorney General's Office.

7.2 Dispute Resolution

Before formal proceedings, the parties will attempt good-faith resolution for sixty (60) days. Disputes not resolved will be settled by binding arbitration under the AAA Commercial Arbitration Rules, seated in Suffolk County, Massachusetts. You and CapitalKey Inc. waive any right to participate in a class action.

8. Email Communications

Purpose. With your account you receive service emails — document custody and release notifications, signature requests and reminders, access-key and security alerts, and account notices — that are necessary to operate your account. These messages are transactional and are not promotional in nature. CapitalKey does not send promotional email.

Frequency. Service emails are sent as events occur, in response to activity on your account.

Costs. CapitalKey does not charge for service email, and is an email-only product — we never send text messages. Any internet or data charges billed by your own connectivity provider are outside our control.

Unsubscribe & HELP. You can unsubscribe from non-essential email at any time via the link in any email's footer, on our unsubscribe page, or by emailing help@capitalkey.net. For help, contact us at the same address or call (617)-402-3190. Unsubscribing does not stop essential account and security notifications required to operate your account.

Eligibility. By providing your email you confirm it belongs to you and that you are authorized to receive communications at it.

9. Contact

CapitalKey Inc.
One Federal Street, Suite 1900
Boston, MA 02110
(617)-402-3190 · help@capitalkey.net