Terms of Service

1. Acceptance of These Terms

These Terms of Service ("Terms") form a legally binding agreement between Matador Media Inc., an Ontario corporation ("Matador Media," "we," "us," "our"), and you. By (a) accessing the Website at matadormedia.ca, (b) executing or accepting an engagement letter, statement of work, or order form that incorporates these Terms, (c) using MataVoice, or (d) otherwise using or paying for any service we provide (collectively, the "Services"), you agree to be bound by these Terms.

If you enter into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you," "your," and "Client" refer to that organization. If you do not agree, you may not access or use the Services.

2. Definitions

• "Affiliate" — any entity that controls, is controlled by, or is under common control with a party.
• "Agency Services" — digital marketing, content creation, automation, design, development, SEO, paid advertising, email marketing, CRM, and similar services under an Engagement.
• "Caller" — a natural person who initiates or receives a call, SMS, or voice/text interaction with a MataVoice-powered agent deployed by a Client.
• "Client" — a person or entity that has entered into an Engagement with Matador Media.
• "Client Materials" — data, content, brand assets, contact lists, customer data, lead data, and other materials provided by or on behalf of a Client.
• "Deliverables" — documents, designs, code, copy, configurations, reports, dashboards, and other items prepared by Matador Media under an Engagement, excluding Matador Media IP.
• "Engagement" — an engagement letter, SOW, order form, MSA, proposal, or other agreement that incorporates these Terms.
• "End User" — a natural person who interacts with a Service deployed by a Client, including a Caller.
• "Fees" — amounts payable by a Client under an Engagement, including retainers, project fees, usage fees, pass-through costs, and taxes.
• "Matador Media IP" — all software, models, prompts, configurations, frameworks, methodologies, templates, trademarks, and other intellectual property owned, licensed, or developed by Matador Media, excluding Client Materials and assigned Deliverables.
• "MataVoice" — our AI voice agent platform enabling automated voice and SMS interactions with End Users.
• "Subprocessors" — third-party providers identified in Section 10.1 of our Privacy Policy.

3. Eligibility

You must be at least the age of majority in your jurisdiction (18 in Ontario) to use the Services. You represent that you meet this requirement, have legal capacity to contract, and are not barred from receiving the Services under the laws of any applicable jurisdiction.

4. Description of the Services

4.1 The Website

The Website provides information about Matador Media and may be modified, suspended, or discontinued at any time without notice.

4.2 Agency Services

Agency Services are provided under one or more Engagements. In case of inconsistency, the Engagement governs only as to the specific provisions in question; all other matters are governed by these Terms.

4.3 MataVoice

MataVoice is a hosted AI voice agent platform using speech recognition, LLMs, text-to-speech, and telephony infrastructure to conduct automated interactions on behalf of Clients. The deploying Client is responsible for the lawfulness, accuracy, and appropriateness of content and configurations it directs us to deploy.

5. Accounts and Authentication

You agree to provide accurate registration information, maintain confidentiality of credentials, and be responsible for all activities under your account. Notify us immediately of any unauthorized use at security@matadormedia.ca.

6. Engagements, Statements of Work, and Order of Precedence

Each Service is governed by an Engagement that incorporates these Terms. In case of conflict, the order of precedence is: (a) any DPA (as to personal data); (b) the Engagement and signed amendments; (c) these Terms; (d) any annex or exhibit not part of an Engagement.

7. Fees, Invoicing, and Payment

7.1 Fees

Fees are set out in the applicable Engagement, quoted in Canadian Dollars unless otherwise stated, and exclusive of HST/GST/QST and other applicable taxes. The Client is responsible for all such taxes other than taxes on Matador Media's net income.

7.2 Pass-Through Costs

MataVoice and other Services involve pass-through costs from Subprocessors (Twilio telephony, Deepgram STT, ElevenLabs TTS, OpenAI/Anthropic inference, advertising media, software licences). These are invoiced at cost or with a reasonable administration markup as specified in the Engagement, and are subject to third-party pricing changes.

7.3 Invoicing

Invoices are payable within fifteen (15) calendar days of the invoice date unless otherwise specified. We accept EFT, pre-authorized debit, credit card (subject to a processing surcharge where lawful), and other methods approved in writing.

7.4 Late Payment

Overdue amounts bear interest at the lesser of 1.5% per month (19.56% per annum) and the maximum rate permitted by law. With five (5) business days' written notice, we may suspend the Services, require prepayment, and recover reasonable collection costs including legal fees on a solicitor-and-client basis.

7.5 Disputed Amounts

Disputes must be raised in writing within ten (10) calendar days of the invoice date. The undisputed portion remains due by the original date. The parties will work in good faith to resolve disputes within thirty (30) days.

7.6 No Refunds

Except as expressly provided in an Engagement or required by law, Fees are non-refundable. Pre-paid retainers do not roll over unless the Engagement expressly provides otherwise.

8. Client Responsibilities

8.1 Cooperation and Timely Input

Provide accurate information, content, credentials, and approvals; designate authorized representatives; respond to our requests within Engagement timeframes (or five business days where unspecified). Client delays may extend timelines without triggering any service-level commitment by Matador Media.

8.2 Compliance With Law

The Client is solely responsible for ensuring Client Materials and instructions comply with applicable laws, including consumer protection, advertising, securities (for mortgage investment marketing), mortgage brokering (MBLAA, 2006 and FSRA regulations), professional regulation, IP, anti-spam (CASL), telecommunications (TCPA, A2P 10DLC, CRTC Unsolicited Telecommunications Rules), and privacy laws; that the Client's business is lawfully conducted; and that the Client holds all required registrations and licences.

8.3 Consents

The Client warrants it has obtained all consents and provided all notices required by law for Matador Media to process Personal Information in any contact list or database provided, for the marketing and communication activities contemplated, and for transfer to Subprocessors in other jurisdictions.

8.4 No Reliance on Matador Media for Legal or Financial Advice

Matador Media is a marketing and AI automation agency, not a law firm, accounting firm, securities advisor, mortgage brokerage, or licensed advisor. Nothing we provide constitutes legal, regulatory, tax, accounting, securities, mortgage, or financial advice. Consult qualified professionals before acting on any information we provide.

9. Acceptable Use

You will not, and will not authorize any third party to:

• Use the Services in violation of any law, regulation, court order, or industry standard.
• Send unsolicited commercial electronic messages in violation of CASL, the TCPA, CAN-SPAM, the GDPR ePrivacy provisions, or any other anti-spam or telemarketing law.
• Use MataVoice for fraud, impersonation, deceptive lead generation, or unauthorized practice of a regulated profession.
• Make outbound calls or SMS to numbers on the Canadian National DNCL, any U.S. federal or state DNC registry, or any internal suppression list without a documented exemption.
• Use the Services to harass, abuse, defame, intimidate, or discriminate on the basis of protected characteristics.
• Use the Services for nuclear, life-support, air-traffic control, weapons, or other applications where failure could cause death or severe harm.
• Generate or distribute child sexual abuse material, terrorist content, or other content prohibited under Canadian or U.S. law.
• Clone the voice of any identifiable individual without express written consent, or create synthetic media depicting an individual in a false light.
• Reverse-engineer, decompile, or attempt to derive the source code of any Matador Media IP, except where such restriction is prohibited by law.
• Probe, scan, or test system vulnerabilities, breach security measures, introduce malware, or otherwise disrupt the Services.
• Resell, sublicense, or commercially exploit the Services or Matador Media IP without written consent.

We may suspend or terminate the Services immediately upon any violation and may report it to applicable authorities.

10. MataVoice-Specific Terms

10.1 Configuration and Deployment

MataVoice is configured per Client specifications. The Client is responsible for reviewing and approving the configuration before launch and at each material change.

10.2 Call Recording and Disclosure

MataVoice records calls. The Client authorizes recording and warrants that (a) it has authority to direct recording, (b) the approved disclosure script satisfies applicable consent requirements (one-party, all-party, or other), and (c) the Client will promptly update the script if legal requirements change.

10.3 AI Agent Limitations

MataVoice uses probabilistic AI systems that may produce inaccurate, biased, or inappropriate outputs (including hallucinations), mis-transcribe speech, misclassify intent or sentiment, and fail unpredictably. The Client will not rely on MataVoice outputs as the sole basis for legally, financially, medically, or safety-significant decisions and will implement appropriate human oversight, escalation, and audit mechanisms.

10.4 Outbound Calling and SMS

For outbound use the Client warrants it has obtained prior express written consent under TCPA (47 U.S.C. § 227, 47 C.F.R. § 64.1200), registered A2P 10DLC where required, scrubbed lists against DNC registries and suppression lists, and maintains consent records for the period required by law. Matador Media is not liable for any claim, regulatory action, or settlement (including TCPA statutory damages) arising from the Client's failure to comply.

10.5 Per-Minute and Usage-Based Pricing

Fees may include per-minute, per-interaction, or per-message components as set out in the Engagement. Our billing measurements are conclusive absent manifest error. We may, with reasonable notice, adjust per-unit pricing in response to material Subprocessor cost changes.

10.6 Service Levels

Unless the Engagement expressly includes an SLA with quantified uptime commitments and remedies, MataVoice is provided on a commercially reasonable efforts basis with no warranty of uptime, latency, response time, or accuracy. Availability depends on third-party telephony, cloud, and AI providers outside our direct control.

11. Intellectual Property

11.1 Matador Media IP

We retain all right, title, and interest in Matador Media IP. The Client receives only a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use Matador Media IP as embedded in Deliverables, for the Client's internal business purposes during the Engagement.

11.2 Client Materials

The Client retains all right, title, and interest in Client Materials and grants Matador Media a non-exclusive, worldwide, royalty-free licence to use, reproduce, modify, transmit, display, and process them as necessary to provide the Services and comply with law.

11.3 Deliverables

Subject to payment in full and the exclusions in Sections 11.1 and 11.4, Matador Media assigns to the Client all right, title, and interest in the Deliverables, excluding any embedded Matador Media IP (for which the Client receives the Section 11.1 licence).

11.4 Aggregated and De-Identified Data

Matador Media may collect, generate, and use aggregated or de-identified data from the operation of the Services for any lawful purpose, including improving the Services and developing new offerings, provided the data does not identify the Client, any End User, or any individual.

11.5 Feedback

Any feedback you provide may be used by Matador Media for any purpose without compensation, attribution, or restriction. You grant a perpetual, irrevocable, worldwide, royalty-free, fully paid-up licence to do so.

11.6 Portfolio and Publicity

Subject to any confidentiality obligations in the Engagement, Matador Media may identify the Client by name and logo in portfolios, case studies, and marketing. The Client may revoke this consent by written notice to hello@matadormedia.ca, after which we will cease using the Client's name and logo in new materials within a reasonable time.

12. Third-Party Services and Software

The Services rely on Subprocessors and third-party platforms we do not control. Your use of any third-party service through the Services is subject to that third party's terms. Matador Media is not responsible for the acts or omissions of third-party providers except as expressly assumed under an Engagement.

13. Privacy and Data Protection

Our collection, use, and disclosure of Personal Information is governed by our Privacy Policy at matadormedia.ca/privacy, incorporated by reference. Where we process Personal Information on behalf of a Client, the parties will execute a DPA setting out PIPEDA, GDPR, CCPA/CPRA, and other required terms.

14. Confidentiality

14.1 Definition

"Confidential Information" means any non-public information disclosed by one party to the other, in any form, that is identified as confidential or that a reasonable person would understand to be confidential. It includes business plans, customer lists, pricing, source code, configurations, prompts, models, financial information, and Personal Information.

14.2 Obligations

The Recipient will (a) use Confidential Information solely to perform under the Engagement, (b) protect it using at least the same care it uses for its own confidential information of like importance, but no less than reasonable care, and (c) disclose only to personnel and advisors with a need to know who are bound by equivalent confidentiality obligations.

14.3 Exceptions

Confidential Information excludes information that (a) was or becomes public without breach, (b) was known without restriction at disclosure, (c) was lawfully obtained from a third party without restriction, or (d) was independently developed without reference to the Confidential Information.

14.4 Compelled Disclosure

If legally required to disclose, the Recipient will, to the extent legally permitted, provide prompt written notice and cooperate with efforts to obtain a protective order.

14.5 Survival

These obligations survive termination (a) for five (5) years for ordinary Confidential Information and (b) indefinitely for trade secrets and Personal Information for as long as such status persists.

15. Term and Termination

15.1 Term

These Terms commence on first access and continue until terminated. Each Engagement runs for the term specified in it.

15.2 Termination for Convenience

Either party may terminate an Engagement on thirty (30) days' prior written notice (unless a different period is specified). The Client remains liable for accrued Fees, non-cancellable pass-through costs and committed media spend, and any expressly stated minimum-term commitments.

15.3 Termination for Cause

Either party may terminate immediately on written notice if the other (a) materially breaches and fails to cure within ten (10) business days of notice, (b) becomes insolvent or files (or has filed) a bankruptcy petition not dismissed within sixty (60) days, or (c) ceases ordinary business.

15.4 Suspension

We may suspend immediately and without notice if we reasonably believe the Client violates Section 9, if required by law, if Client use creates a security or liability risk, or for non-payment under Section 7.4.

15.5 Effect of Termination

Licences terminate (except paid-for Deliverable licences and licences the Engagement expressly states survive); accrued Fees and non-cancellable commitments remain due; each party returns or destroys the other's Confidential Information except as required by law; and Matador Media will provide reasonable transition assistance on written request within 30 days of termination, subject to reasonable assistance fees.

15.6 Survival

Provisions that by their nature should survive will survive, including Sections 7 (to the extent of accrued Fees), 11, 13, 14, 19, 20, 21, 22, 23, 24, 25, 26, and 27.

16. Modifications to the Services and Terms

We may modify the Services from time to time. Where a modification materially and adversely reduces functionality, we will provide reasonable notice and, where it is not legally required and cannot reasonably be accommodated, the Client may terminate the affected portion without further liability except for accrued Fees. We may also modify these Terms; material changes will be posted with an updated "Last Updated" date and, where required, notified by email or in-product. Continued use after the effective date constitutes acceptance.

17. Force Majeure

Neither party is liable for any failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including acts of God, fire, flood, earthquake, pandemic, war, terrorism, civil unrest, government action, embargo, labor disputes, internet or telecommunications outages, denial-of-service attacks, third-party platform failures, supply-chain disruptions, or shortages. If a Force Majeure Event continues for more than sixty (60) consecutive days, the unaffected party may terminate the affected Engagement on written notice without further liability.

18. Indemnification

18.1 By the Client

The Client will defend, indemnify, and hold harmless Matador Media, its Affiliates, and their officers, directors, employees, contractors, and agents from all third-party claims and Losses arising from: Client Materials (including IP, privacy, or publicity infringement claims); the Client's instructions (including alleged violation of CASL, TCPA, mortgage, securities, consumer-protection, or privacy laws); the Client's use of the Services in violation of these Terms, the Engagement, or law; failure to obtain required consents; the Client's products, services, or business operations; and any breach of representations, warranties, or covenants.

18.2 By Matador Media

Subject to Section 22, Matador Media will defend the Client against any third-party claim alleging that the Deliverables, as delivered and used in accordance with these Terms and the Engagement, infringe a Canadian or U.S. patent or registered copyright (an "IP Claim"), and will indemnify amounts finally awarded or agreed in settlement. This excludes claims involving Client Materials, modified Deliverables, combinations with non-Matador Media products, use not in accordance with the Engagement, no-charge or trial Deliverables, and AI-generated outputs (including MataVoice outputs). If an IP Claim arises, Matador Media may at its option (i) procure rights to continue use, (ii) modify the Deliverable to be non-infringing while retaining substantially equivalent functionality, or (iii) terminate the affected portion and refund prepaid Fees applicable to the affected Deliverable. These are the Client's sole and exclusive remedies for any IP Claim.

18.3 Procedure

The party seeking indemnification will (a) promptly notify in writing, (b) tender sole control of defense and settlement (provided the indemnifying party will not settle in a way imposing liability or fault on the indemnified party without consent, not unreasonably withheld), and (c) provide reasonable assistance at the indemnifying party's expense.

19. Representations and Warranties

19.1 Mutual

Each party represents that it has full authority to enter into and perform these Terms, that performance does not violate any other agreement to which it is bound, and that it will comply with all applicable laws.

19.2 By Matador Media

Matador Media warrants that it will perform the Services in a professional and workmanlike manner consistent with generally accepted industry standards.

19.3 By the Client

The Client warrants that (a) it owns or has all necessary rights in Client Materials, (b) Client Materials do not infringe third-party rights, (c) it has obtained all required consents for any Personal Information provided, and (d) its use of the Services and underlying business operations comply with all applicable laws.

20. AI-Generated Outputs: Special Provisions

YOU ACKNOWLEDGE AND AGREE THAT AI-GENERATED OUTPUTS ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE, CURRENT, LAWFUL, NON-INFRINGING, OR FIT FOR ANY PARTICULAR PURPOSE. Matador Media makes no representation or warranty as to the accuracy, completeness, fitness for purpose, non-infringement, or quality of any output generated by MataVoice or any other generative AI feature. The Client is solely responsible for reviewing, validating, and approving AI-generated outputs before using, sharing, publishing, or relying on them.

Without limiting the foregoing, AI-generated outputs may include factual errors or fabrications, reflect training-data biases, reproduce content similar to copyrighted works, be misinterpreted by End Users, and produce inconsistent outputs across runs. Matador Media disclaims, to the maximum extent permitted by law, all liability for any decision made in reliance on AI-generated outputs.

21. Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN SECTION 19, THE SERVICES, THE WEBSITE, MATAVOICE, ALL DELIVERABLES, AND ALL OTHER MATERIALS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND. To the maximum extent permitted by law, we disclaim all warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, completeness, security, uninterrupted or error-free operation, and warranties arising out of course of dealing or performance.

We do not warrant that the Services will be uninterrupted, secure, or free from errors or harmful components. The Services depend on third-party infrastructure outside our control. Where jurisdictions do not allow exclusion of certain warranties, the disclaimers apply to the maximum extent permitted, and the duration of any non-disclaimable implied warranty is limited to the minimum period permitted by law.

22. Limitation of Liability

22.1 Exclusion of Indirect Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, revenue, data, goodwill, business interruption, cost of substitute services, or cost of capital, even if advised of the possibility and even if a remedy fails of its essential purpose.

22.2 Cap on Direct Damages

MATADOR MEDIA AND ITS AFFILIATES' AGGREGATE LIABILITY for all claims arising out of or relating to these Terms, the Services, an Engagement, or the relationship of the parties, whether in contract, tort (including negligence), strict liability, statute, or otherwise, will not exceed the total Fees paid by the Client under the relevant Engagement during the twelve (12) months immediately preceding the event giving rise to the claim, or CAD $100 if the Client has paid no Fees.

22.3 Exceptions

These exclusions and limitations do not apply to (a) indemnification obligations under Section 18, (b) the Client's payment obligations under Section 7, (c) breaches of Section 14 (Confidentiality), (d) gross negligence, willful misconduct, or fraud, or (e) any liability that cannot be limited under applicable law (including, under Ontario law, fraudulent misrepresentation and certain non-waivable consumer protection claims).

22.4 Allocation of Risk

These limitations are a fundamental basis of the bargain and reflect an agreed allocation of risk. Without them, the Fees and other commercial terms would have been materially different.

23. Governing Law

These Terms and any Engagement are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles. The UN Convention on Contracts for the International Sale of Goods does not apply.

24. Dispute Resolution: Informal Negotiation

Before any formal proceedings, the parties will attempt in good faith to resolve any dispute by direct negotiation between senior representatives. Either party may initiate the process by written notice proposing a meeting (which may be by videoconference) within fifteen (15) business days. If unresolved within thirty (30) days, either party may proceed under Section 25 or, where applicable, Section 26.

25. Jurisdiction (Clients Outside the United States)

Subject to Section 26, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario, sitting in the Region of York or the City of Toronto, and waive any objection based on forum non conveniens.

26. Binding Arbitration and Class Action Waiver (United States Residents)

THIS SECTION 26 APPLIES ONLY TO CLIENTS AND USERS RESIDENT IN, OR WITH PRINCIPAL PLACE OF BUSINESS IN, THE UNITED STATES. IT REQUIRES YOU TO RESOLVE DISPUTES ON AN INDIVIDUAL BASIS THROUGH BINDING ARBITRATION AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.

26.1 Agreement to Arbitrate

Any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with Matador Media, including claims that arose before these Terms came into effect, will be resolved by binding individual arbitration administered by JAMS under the JAMS Comprehensive Arbitration Rules (or, where the amount in dispute is less than US$250,000, the JAMS Streamlined Rules). The arbitration will be conducted by a single arbitrator, seated in Toronto, Ontario, unless the parties agree otherwise.

26.2 Class Action Waiver

YOU AND MATADOR MEDIA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. If a court determines this waiver is unenforceable, the entirety of Section 26 will be null and void as to that Dispute, which will be resolved in court under Section 25 (substituting the courts of the State of New York for Ontario).

26.3 Exceptions

Either party may (a) bring an individual action in small-claims court within its jurisdiction, and (b) seek injunctive or other equitable relief to prevent infringement, misappropriation, or violation of IP rights, breach of confidentiality, or other irreparable harm.

26.4 Opt-Out

You may opt out of Section 26 by sending written notice to privacy@matadormedia.ca within thirty (30) days of the date you first agree to these Terms. The notice must include your full legal name, mailing address, email used to access the Services, and a clear statement that you opt out of arbitration. Opting out does not affect any other portion of these Terms.

27. Miscellaneous

27.1 Entire Agreement

These Terms, together with each Engagement, the Privacy Policy, any DPA, and any referenced policies, constitute the entire agreement and supersede all prior or contemporaneous agreements on the subject matter.

27.2 No Waiver

A failure or delay in exercising any right is not a waiver. No waiver is effective unless in writing and signed by the waiving party.

27.3 Severability

If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to render it enforceable, or severed, with the remainder continuing in full force.

27.4 Assignment

The Client may not assign without our prior written consent (not to be unreasonably withheld), except to a successor in a merger, acquisition, or sale of substantially all assets, provided the successor assumes all obligations in writing. Matador Media may assign freely. Any purported assignment in violation is void.

27.5 Independent Contractors

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, agency, or fiduciary relationship.

27.6 No Third-Party Beneficiaries

These Terms are for the benefit of the parties and their permitted successors and assigns only, and confer no rights on any third party (including any End User) except as expressly set out.

27.7 Notices

Notices to Matador Media must be sent to legal@matadormedia.ca with a copy to hello@matadormedia.ca. Notices to the Client may be sent to the email address on file. Notices are deemed received on the next business day after transmission.

27.8 Language

These Terms are drafted in English. Les parties confirment qu'elles ont demandé que les présentes conditions et tous les documents connexes soient rédigés en anglais.

27.9 Export Controls

The Services may be subject to Canadian, U.S., and other export-control and sanctions laws. You will not use, export, re-export, or transfer the Services in violation of any such law, and you represent that you are not located in, ordinarily resident in, or organized under the laws of any country subject to comprehensive Canadian or U.S. sanctions, and are not on any Canadian, U.S., U.K., E.U., or U.N. sanctions list.

27.10 Headings

Headings are for convenience only and do not affect interpretation.

27.11 Counterparts and Electronic Execution

Any Engagement may be executed in counterparts and by electronic signature, which has the same force and effect as a wet-ink signature.

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