Terms and Conditions – American Notarization

General Terms of Service

EFFECTIVE DATE: 1^st January, 2025

Thanks for using American Notarization. These General Terms of Service (“General Terms”), along with any applicable Additional Terms (deﬁned below) (collectively, the “Terms”) cover your use and access to the products, services, software, platform, and websites (collectively, “Services”) provided by https://americannotarization.com, operated and owned by Authxperts LLC and any of our aﬃliates (collectively, “American Notarization”). By using our Services, you agree to be bound by these General Terms as well as our Privacy Policy. If you are using our Services as the employee or agent of an organization, you are agreeing to these Terms on behalf of that organization.

Introduction and Eligibility.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS SITE. THEY GOVERN YOUR USE OF THIS SITE. IF YOU DO NOT AGREE TO THE TERMS STATED BELOW, YOU MAY NOT USE THIS SITE.

Your use of this Site constitutes your knowledge, understanding, and acceptance of the Terms, and your agreement to be bound by the Terms.

In order for the Terms to be applicable to you, you must have ordered the Service or are yet to order the Services. Additionally, you must be of the legal age of majority in your state of residence or otherwise capable of forming a binding contract with American Notarization to use the Services. Under no circumstances is the use of the Services permitted for individuals under the age of 18.

User Responsibilities.

Users agree to:

Provide accurate, current, and complete information when registering and interacting with the platform.
Ensure compliance with all applicable laws when uploading, submitting, or transmitting User Content.
Refrain from submitting fraudulent, illegal, or prohibited materials.
Use the Services solely for lawful and authorized purposes.
Be responsible in determining whether the Service is appropriate for your intended purpose.

Intellectual Property Rights & Site Content.

When you access and use this Marketplace Site, you agree to comply with all applicable laws and respect the intellectual property rights of others. You acknowledge that you are solely responsible for any violations of law or infringement of third-party intellectual property rights arising from any User Content (defined below) that you upload, submit, or transmit to us.

Protection of Content

All text, trademarks, logos, images, graphics, photographs, video files, application functionalities, and other digital media available on this Site, along with their arrangement (“Content”), are protected under applicable copyright, trademark, patent, and other intellectual property laws.

You are not permitted to:

Copy the Content for commercial purposes or distribution.
Modify, process, or repost the Content to other websites or platforms.

Permitted Uses

Access to and use of this Site are strictly for:

Purchasing or using notary-related services for personal or lawful business purposes.
Obtaining information, guidance, or educational materials related to notary services.
Engaging with American Notarization for customer service, inquiries, or communication.

You are permitted to download, copy, or print the Content from this website solely for personal, non-commercial use, provided that such actions do not transfer any rights, titles, or interests in the Content to you.

Prohibited Uses

Unless expressly authorized in writing by us and, where applicable, the original copyright owner, you may not:

Modify the Content or create derivative works.
Redistribute, copy, publish, or transmit the Content in any manner.
Display or exploit the Content for commercial purposes or public use.

Acknowledgment of Ownership

By accessing this Site, you acknowledge that all intellectual property rights in the Content remain the sole property of their respective owners. You further acknowledge that downloading, copying, or printing any copyrighted material from the Site does not grant you ownership or other rights beyond those specifically granted for personal use.

For any use of the Content beyond the permitted scope, express written permission must be obtained from us and any applicable copyright holder.

User Registration.

Certified Notary Public Registration: Comprehensive Professional Engagement and Compliance Framework

Notarial Obligations and Professional Commitments:

The prospective Empaneled Notary hereby acknowledges and irrevocably commits to the following paramount professional responsibilities and stringent operational protocols:

Maintenance of Professional Credentials: The Empaneled Notary shall, always, maintain an uninterrupted, valid notarial commission in full force and eﬀect within the jurisdiction of practice, with absolute responsibility for timely renewal and continuous legal compliance.

Comprehensive Regulatory Adherence: A non-negotiable mandate to meticulously comply with and scrupulously observe all extant state and federal statutes, regulations, administrative codes, and professional standards governing notarial practice, without exception or equivocation.

Data Protection and Conﬁdentiality Imperative: The Notary Public shall implement and maintain the most rigorous protocols for safeguarding and preserving the absolute conﬁdentiality and security of all user-associated personal and transactional data, employing state-of-the-art protective measures.

Ethical and Professional Conduct Standards: Commitment to conduct all notarial acts with the highest degree of professional integrity, ethical precision, and unwavering compliance with all applicable legal and regulatory frameworks, such that each notarial intervention represents the pinnacle of professional excellence.

Continuous Professional Development: Mandatory and proactive completion of all requisite continuing education programs, training modules, and professional development initiatives essential to maintaining and elevating the notarial commission’s validity and professional competence.

Platform Interaction and Compliance: Absolute and unqualiﬁed adherence to all platform-speciﬁc rules, procedural guidelines, operational protocols, and institutional requirements, with zero tolerance for deviation.
Mandatory Training and Assessment Participation: Unconditional requirement to engage fully in all platform-mandated training programs, comprehensive assessments, and professional qualiﬁcation mechanisms.

Professional Liability Protection: Maintenance of comprehensive professional liability insurance coverage, including Errors and Omissions (E&O) insurance, of sufficient magnitude to provide robust financial protection against potential professional contingencies, claims, or liabilities arising from the performance of services. This coverage shall safeguard against claims of negligence, mistakes, or failure to perform professional duties as expected.

Registration Procedural Protocol:

The registration process shall be executed with precision and comprehensive veriﬁcation:

Initiate Platform Engagement: Execution of a comprehensive account creation process on the designated digital platform, requiring meticulous attention to detail.
Rigorous Identity Veriﬁcation: Submission of government-issued photographic identiﬁcation, coupled with multi-factor authentication mechanisms designed to eliminate any potential for fraudulent representation.
Documentary Substantiation: Mandatory upload of authenticated documentation, including but not limited to:
- Notary commission certiﬁcate.
- Comprehensive proof of requisite professional training and current professional liability insurance certification, including Errors and Omissions (E&O) coverage. Documentation must demonstrate that the individual or entity maintains adequate insurance to protect against claims arising from professional errors, omissions, negligence, or other liabilities related to the performance of services.
- Exhaustive Background Investigation: Mandatory submission to and successful completion of an extensive, multi-dimensional background investigation process, encompassing criminal history, professional integrity, and character assessment.
Platform-Speciﬁc Qualiﬁcation: Successful completion of all platform-speciﬁc training modules and comprehensive assessment protocols.
Legal Acknowledgement: Deﬁnitive and unequivocal agreement to the platform’s terms of service and privacy policy, executed with full legal understanding and volition.

Verified Witness Registration: Educational Qualification and Professional Integrity Framework

Witness Qualification Criteria and Fundamental Obligations:

The prospective Veriﬁed Witness shall be subject to an exhaustive vetting process predicate upon the following non-negotiable qualiﬁcations and professional commitments:

Eligibility and Qualification Criteria: To be designated as a verified witness, users must:
Be at least 18 years old or the legal age of majority in their jurisdiction.
Complete identity verification through official documentation (e.g., government-issued ID, passport).
Possess sufficient cognitive ability and proficiency in the platform’s primary operational language. If required, users may arrange for translation services at their own cost.
Undergo a background review, which may include checks for fraudulent activity, identity misrepresentation, or prior legal violations affecting credibility. The platform reserves the right to deny or revoke Verified Witness status at its sole discretion.

Professional and Ethical Obligations: As a Verified Witness, you commit to the following obligations
You must provide accurate, truthful, and objective statements in all witnessing activities. Any form of falsification or misrepresentation will result in immediate termination of verified witness status.
You agree to remain neutral and refrain from bias or conflicts of interest while serving as a witness.
Any information obtained through the witnessing process must be handled in strict confidence and not disclosed, except as required by law.
You must comply with all applicable laws, including those governing privacy, data protection, and online communication.

Registration Procedural Architecture:

Platform Engagement Initiation: Comprehensive digital account creation process requiring meticulous personal information submission.

Identity Veriﬁcation Mechanism:

Mandatory government-issued photographic identiﬁcation submission
Advanced video veriﬁcation protocol
Biometric cross-referencing
Multi-factor authentication implementation

Comprehensive Training Regimen:

Mandatory completion of platform-speciﬁc training modules
Rigorous assessment protocols
Continuous professional development requirements

Legal Acknowledgment: Deﬁnitive and unequivocal execution of platform terms of service and privacy policy

Principal Signer Registration: Citizenship And Legal Residency Verification Framework

Eligibility and Fundamental Participation Criteria:

The platform categorically precludes participation by individuals without veriﬁed legal status, implementing an uncompromising veriﬁcation protocol:

Citizenship and Residency Veriﬁcation:

Mandatory submission of irrefutable proof of legal citizenship or authorized residency to our personnel or system interface
Comprehensive immigration status veriﬁcation
Cross-referencing with federal immigration databases
Immediate disqualiﬁcation for undocumented status or legal irregularities

Identity Authentication Protocols:

Government-issued photographic identiﬁcation (passport, driver’s license, permanent resident card etc.)
Advanced biometric veriﬁcation
Social security number or equivalent national identiﬁcation veriﬁcation
Rigorous fraud prevention mechanisms

Legal Status Conﬁrmation:

Mandatory declaration of legal residency status
Authorization to work or engage in legal transactions within the jurisdiction

Prohibited Participation Categories:

Persons lacking legal authorization for ﬁnancial or contractual engagement
Persons subject to active legal restrictions

Registration Procedural Safeguards:

Digital Platform Engagement:

Secure account creation processes
Advanced identity veriﬁcation technologies

Legal Compliance Acknowledgment:

Explicit agreement to platform terms
Comprehensive privacy policy acceptance
Legally binding declaration of information accuracy

Ongoing Veriﬁcation Mechanism:

Immediate account suspension upon detected irregularities

SOFTWARE.

Cloud-Based Software Clause for Virtual Notary Services Agreement

Cloud-Based Software Services

The User acknowledges and agrees that the virtual notary services provided through this website rely on cloud-based infrastructure and third-party service providers to deliver core functionalities. The service provider utilizes Amazon Web Services (AWS) for hosting, data storage, and operational support, in addition to integrating with third-party platforms for identity verification, payment processing, document editing, blockchain security, and digital certificate issuance.

By using the services, the User agrees to the following terms regarding the use of cloud-based and third-party technologies:

Limited Control Over AWS Infrastructure

The service provider hosts and operates the virtual notary services through AWS and integrates with multiple third-party service providers. However, the service provider does not have direct control over these external platforms’ internal systems, security measures, or operational policies. Accordingly, the User acknowledges that uninterrupted access to services cannot be guaranteed due to:

Scheduled maintenance, updates, or service modifications performed by AWS or other third-party providers.
Network disruptions, technical failures, or other internet connectivity issues.
Unforeseen outages, cybersecurity incidents, or infrastructure changes within AWS or third-party environments.

Data Security and Privacy

The service provider implements reasonable security measures, including encryption, access controls, and compliance with applicable industry standards, to protect User data. However, the User acknowledges that:

Data security and integrity are subject to AWS’s and other third-party service providers’ security protocols.
While these third parties maintain industry-recognized certifications and best practices, the service provider cannot be held liable for unauthorized access, data breaches, or loss of information occurring within external platforms.
The User is responsible for safeguarding their account credentials and ensuring compliance with best security practices.

Third-Party Service Integrations

The virtual notary services include integrations with external service providers for specific functionalities, including but not limited to:

Identity Verification & Authentication: Knowledge-Based Authentication (KBA) and Know Your Customer (KYC) verification services.
Payment Processing: Credit card settlements and payment transactions.
Document Processing: Editing, signing, and document modification functionalities.
Blockchain Security: Technology used for enhanced security and notarization validation.
Digital Notary Certificates: Issuance and authentication of digital certificates.
Two-Factor Authentication (2FA): Additional security layer for account protection.

Users acknowledge that the third-party service providers providing the aforementioned services operate independently and may be subject to separate terms, conditions, and policies.

Compliance with Third-Party Policies

By using the virtual notary services, the User agrees to comply with the terms, policies, and conditions imposed by AWS and other integrated third-party providers. The service provider reserves the right to update its own policies and practices to reflect changes in third-party requirements, and Users will be notified of any significant modifications affecting the use of services.

Indemnification

The User agrees to indemnify, defend, and hold harmless the service provider from any claims, losses, damages, or liabilities arising out of:

Their use of the cloud-based software services.
Any actions, policies, or failures of AWS or third-party service providers.
Security breaches, compliance violations, or operational limitations associated with external integrations.

Acknowledgment of Risks

By using the virtual notary services, Users acknowledge and accept the inherent risks associated with cloud computing technologies. These risks include, but are not limited to:

Potential data loss or corruption.
Temporary or prolonged service interruptions.
Exposure to cybersecurity threats such as hacking, malware, or phishing.

Users are encouraged to take appropriate precautions, such as maintaining backups of critical documents and employing robust cybersecurity measures, to mitigate potential risks while using the services.

This clause ensures transparency about the service provider’s reliance on AWS, outlines shared responsibilities, and informs Users of potential risks to foster informed decision-making when using the virtual notary services.

Limitation of Liability

Scope of Liability

The Platform shall not be liable for:

Indirect, incidental, special, consequential, or punitive damages, including loss of profits or data.
Errors or technical issues arising during remote online notarization services.

Cap on Liability

The total liability of the Platform shall not exceed the fees paid by the client for the specific notarization service giving rise to the claim, regardless of the nature of the claim (contract, tort, or otherwise).

Force Majeure

The Platform shall not be liable for failures in service caused by events beyond reasonable control, including but not limited to:

Natural disasters (floods, earthquakes, etc.).
Acts of war, terrorism, or civil disturbances.
Regulatory changes, technical malfunctions, or cybersecurity incidents.

Indemnity

You agree to fully indemnify, defend, and hold harmless the Platform, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from any and all claims, liabilities, damages, losses, judgments, awards, expenses, or legal costs (including reasonable attorneys’ fees) incurred by third parties. This obligation applies to claims arising from or related to your access to or use of the Platform or Service, including but not limited to: (i) your engagement with third-party services, (ii) any breach of these Terms, or (iii) any unauthorized, unlawful, or improper use of the Service beyond the permissions granted under these Terms.

Communication Through Text Messages.

Consent to SMS Communication

By accessing and using the Services, you expressly consent to receive SMS messages from American Notarization for various purposes, such as account updates, promotional messages, service notifications, transaction alerts, and invitations to participate in sessions initiated by other users. These messages may be sent to the mobile number you provided during registration or any other contact details you have shared with us, including those provided by third parties for session invitations.

If you wish to discontinue receiving promotional messages, you may opt out at any time by following the instructions provided in the messages or contacting American Notarization directly. Please note that opting out of certain communications may impact your ability to access certain features of the Services.

Message Frequency and Content

We will strive to send SMS messages to you at a reasonable and necessary frequency. These messages may include, but are not limited to, the following types of content:

● Account-related information and alerts.

● Promotional offers and discounts.

● Important updates and announcements regarding our services.

● Transaction and order confirmations.

● Security and authentication codes(OTP for 2FA etc).

Opt-Out Option

You have the right to discontinue receiving SMS communications from American Notarization at any time. To opt out, simply reply to any message with “STOP” or follow the instructions provided in the SMS. While opting out will prevent promotional and non-essential messages, you may still receive important notifications related to your account and service usage.

Data and Message Charges

Your mobile carrier may impose standard messaging and data fees based on your subscription plan. You are solely responsible for any costs associated with receiving SMS communications from American Notarization.

Privacy & Security of SMS Communications

At American Notarization, we prioritize your privacy and the security of your information. Any personal data transmitted through SMS will be handled in accordance with our Privacy Policy. For a comprehensive understanding of how we manage, store, and protect your data, please review our Privacy Policy.

Use of Third-Party SMS Providers

To facilitate SMS communications, we may engage third-party service providers. Your information will only be shared with these providers for the limited purpose of message delivery. We ensure that all third-party partners adhere to applicable data protection laws and maintain strict confidentiality standards.

Changes to Text Message Communication

American Notarization reserves the right to update these text message communication terms at any time. Changes will be effective upon posting on our website or notifying you through text message. You have the option to refuse consent to these changes by discontinuing the use of the Services.

Contact Information

If you have any questions, concerns, or need assistance regarding American Notarization SMS communication practices, please contact our Customer Support team at info@amercannotarization.com.

Legal Compliance

American Notarization text message communication practices adhere to all relevant laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA) in the United States.

Term and Termination.

Duration and Termination.

These Terms take effect from the initial Order Date and continue until no active Order Forms or Subscription Plans remain in effect for six consecutive months, unless terminated earlier under this section or as specified in the Order Form. Either party may terminate the Agreement due to a material breach by the other party by issuing a written Breach Notice. The breaching party will have 30 days from the date of receipt of the Breach Notice (“Cure Period”) to remedy the breach. If the breach is not resolved within the Cure Period, the Agreement will be deemed terminated as of the date of the Breach Notice.

Consequences of Termination.

Upon termination of the Agreement, each party must either return or permanently delete all Confidential Information of the other party from its records and storage systems. However, either party may retain such information if required by law.

No Returns Policy.

All virtual notary services provided under this Agreement are ﬁnal and non-returnable. Once a notary session is completed, the service is deemed rendered, and no refunds will be issued.

Users may cancel a scheduled notary session without penalty if notice is provided at least 120 minutes prior to the appointment. Cancellations made within this timeframe will not result in a refund or credit.

Resale of Notarized Documents and Products

Users acknowledge that notarized documents are intended for speciﬁc transactions and may not be resold or reused without explicit permission from all parties involved in the notarization process.

Users must ensure compliance with applicable laws regarding the transfer or use of notarized documents for purposes other than originally intended. Unauthorized resale or misuse of notarized documents is strictly prohibited.

The service provider shall not be liable for any issues arising from unauthorized resale or misuse of notarized documents by users.

Compliance with Legal Standards

Users and service providers must comply with all applicable laws and regulations governing notarization and document handling in their respective jurisdictions, including those related to returns and resale practices.

Both parties agree to stay informed about changes in legal frameworks aﬀecting virtual notarization services and returns/resale policies to ensure ongoing compliance.

This Returns & Resale of Product clause establishes a clear no-return policy for virtual notary services and related products, ensuring that users understand their obligations and the ﬁnality of their purchases while protecting the interests of both parties involved in the transaction.

Corrections.

We retain the right to amend any errors, omissions, or inaccuracies found within any section of the Terms of Service. Additionally, we may revise these Terms of Service at our discretion and without prior notice.

Governing Law.

These Terms shall be governed and interpreted in accordance with the laws of the State of Maryland, USA, without reference to its conflict of law provisions. Any legal proceedings arising under this Agreement shall be exclusively filed in the state or federal courts located in Montgomery County, Maryland, USA. Each party irrevocably submits to the exclusive jurisdiction of these courts and waives any objection to the venue. Legal process may be served via certified mail with return receipt requested or through an overnight courier to the addresses specified in this Agreement.

Biometric Consent.

As part of our service operations, American Notarization collects and utilizes specific biometric data solely for internal purposes, including fraud prevention and identity verification. Additionally, we collaborate with carefully selected third-party vendors who collect, store, and process biometric data to facilitate identity verification and enable remote online notarizations. These vendors have been chosen based on their commitment to protecting confidential and sensitive information, aligning with our security and privacy standards.

MANDATORY ARBITRATION & WAIVER OF CLASS ACTION

THESE TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO DESCRIBE THE SPECIFIC REMEDIES AVAILABLE TO YOU.

By clicking the acceptance button for American Notarization’s legal terms and conditions, you acknowledge and consent to the collection, use, and processing of your biometric data by American Notarization and its vendors. This data will be used solely for identity verification, fraud prevention, and platform improvement, in accordance with our Privacy Policy, available at https://americannotarization.com.

Your biometric data may be stored for a maximum period of 3 years.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU EXPRESSLY WAIVE ANY RIGHT TO INITIATE OR PARTICIPATE IN A CLASS ACTION OR SEEK CLASS CERTIFICATION FOR ANY CLAIM ARISING FROM THE COLLECTION, STORAGE, OR PROCESSING OF BIOMETRIC DATA BY AMERICAN NOTARIZATION, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS.

Any dispute related to the processing of biometric data by American Notarization or its vendors—including but not limited to its interpretation, enforcement, validity, non-performance, or termination—shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (AAA) in accordance with its prevailing rules.

Arbitration shall be conducted before a single neutral arbitrator, either in Maryland or via telephone or video conference. Any arbitration ruling may be entered as a judgment in any competent court. The allocation of arbitration fees shall be governed by AAA rules.

For inquiries about this Biometric Consent, contact info@americannotarization.com.

Data Protection and Policy.

This Data Privacy Policy (“DPP”) is an integral part of the American Notarization Terms and outlines the principles and responsibilities associated with data processing on the platform.

Scope of Application

This DPP applies to all individuals utilizing the American Notarization platform, including but not limited to notaries, signers, witnesses, and subscribers.

Key Definitions

Roles and obligations under this DPP may vary based on the services provided. For clarity, this policy uses the terms Provider and Business as defined below:

Authorized Persons – Individuals or categories of individuals authorized by the Business to issue instructions regarding the processing of Personal Information by the Provider.
Business – The entity that determines the means and purposes of processing Personal Information.
Business Purpose – The provision of services or access to the platform.
Data Subject – Any individual whose Personal Information is processed under this policy.
De-Identified Data – Data that has undergone de-identification, anonymization, or aggregation processes to prevent identification of any individual, entity, or specific record, ensuring compliance with applicable Privacy and Data Protection laws.
Personal Information – Any data processed by the Provider on behalf of the Business that either directly identifies an individual or can be combined with other information to do so. This includes any data classified as personal under applicable privacy regulations.
Privacy and Data Protection Requirements – The collective set of federal, state, municipal, and international laws and regulations governing the processing, protection, and privacy of Personal Information, including relevant regulatory guidance and codes of practice.
Processing – Any operation performed on Personal Information, whether automated or manual, including collection, storage, modification, retrieval, use, disclosure, deletion, and transfer to third parties.
Provider – The entity that processes Personal Information on behalf of the Business.
Business Responsibilities and Personal Information Categories
The Business retains full control over Personal Information and remains responsible for complying with Privacy and Data Protection Requirements, including obtaining necessary consents and providing appropriate notices.
Upon request, the Provider will furnish details on the categories of Personal Information processed and the types of Data Subjects involved.
Provider’s Obligations
The Provider shall process Personal Information strictly as required to fulfill the Business Purpose, following the Business’s written instructions from Authorized Persons. Any processing beyond this scope or contrary to privacy regulations must be immediately reported to the Business.
Upon a reasonable request, the Provider shall halt, mitigate, or rectify any unauthorized processing activities.
The Provider shall maintain confidentiality of all Personal Information, refrain from selling it, and disclose it only if necessary to fulfill the Business Purpose, upon the Business’s instruction, under the terms of this policy, or as required by law.
The Provider shall assist the Business in complying with privacy regulations, considering the nature of processing and available data.
Any regulatory changes impacting compliance obligations must be promptly communicated by the Provider to the Business.
The Provider is not responsible for verifying the accuracy, completeness, or sufficiency of Business instructions unless required by law.
Provider’s Employees
Personal Information access shall be limited to employees requiring it to fulfill the Provider’s obligations under this policy.
Employees shall be:

Informed of the confidentiality and use restrictions of Personal Information.
Trained in privacy regulations relevant to their responsibilities.
Made aware of their personal obligations under this policy and applicable privacy laws.

Upon request, the Provider shall disclose the list of countries where Personal Information is accessed, stored, or transferred.
Subcontractors
The Provider may only engage subcontractors for processing Personal Information under the following conditions:

The Business receives notice and has an opportunity to object.
A contractual agreement is in place ensuring compliance with this DPP.
The Provider retains full control over Personal Information entrusted to subcontractors.

A list of approved subcontractors, including their locations and contact details for privacy compliance personnel, must be maintained by the Provider.
If a subcontractor fails to comply, the Provider remains fully liable for their actions.
Data Subject Rights
If the Provider receives a request from a Data Subject regarding access or deletion of Personal Information, it must inform the Business, which shall handle the request in accordance with applicable privacy laws.
In cases where Personal Information must be retained due to legal obligations, including notarial record-keeping requirements, deletion requests may be lawfully denied.
The Provider shall cooperate with the Business in addressing Data Subject requests, complaints, or legal inquiries.
The Provider reserves the right to process De-Identified Data for lawful purposes.
Term and Termination
This DPP remains effective for the duration of the Agreement and as long as the Provider holds Personal Information related to it.
Any provisions necessary to safeguard Personal Information shall survive termination.
If compliance with updated privacy regulations is not feasible, processing shall be suspended until a resolution is reached, failing which either party may terminate the Agreement.
Data Retention and Disposal
Upon request, the Provider shall furnish the Business with a copy of Personal Information held.
Upon termination, Personal Information shall be securely deleted or returned unless retention is legally required.
The Provider shall maintain detailed records of processing activities, security measures, subcontractors, and compliance with privacy regulations.
Upon a reasonable request, the Provider shall provide information relevant to its data handling practices.
Warranties and Indemnification
The Provider warrants that:

All personnel involved in processing have received required training.
Processing shall comply with this DPP, applicable privacy regulations, and legal requirements.
It will not sell or process Personal Information beyond the agreed scope.
It shall indemnify the Business against liabilities arising from non-compliance by the Provider or its subcontractors. Any limitation of liability in the agreement applies to the foregoing indemnity and reimbursement obligations.

The Business warrants that its instructions for Personal Information processing are compliant with all privacy regulations.

This policy ensures a comprehensive framework for data privacy and protection on the American Notarization platform, reinforcing compliance and safeguarding user data.

Subscription.

This Subscriber Supplement applies to all the Subscribers who avail Services through a Subscription Plan.
Access and Usage Rights. During the active Subscription Period, the Subscriber and its authorized end users or participants may use the subscribed services on a limited, non-transferable, and non-exclusive basis. This access is restricted to business operations and transactional purposes. The Subscriber is fully responsible for ensuring that any third parties it grants access to the Platform or Services comply with the terms of this Agreement.

Subscription Duration

Subscription Plans Initiated via Order Form. For Subscription Plans that are initiated through an Order Form, the “Subscription Period” begins on the Order Date and remains active for the period stated in the Order Form. The Subscription Period automatically renews for successive one-year terms, unless either party provides a written termination notice at least 30 days before the renewal date.
Subscription Plans Activated via Online Payment (Site or App). For Subscription Plans purchased directly through the Site or App, the duration varies as follows:
1. Per Transaction Subscription Plan – The subscription begins on the Order Date and remains in effect until the completion of the specific transaction.
2. Other Subscription Plans – These subscriptions commence on the Order Date, remain active for 30 days, and automatically renew on a monthly basis under the same conditions. Either party may discontinue the subscription by providing 30 days’ written notice before renewal.

Changes to Subscription Plans

During the Subscription Period, unless otherwise stated in the Order Form:

The Subscriber may opt to upgrade, downgrade, or modify its existing Subscription Plan.
American Notarization reserves the right to revise, discontinue, or alter the Fees and features associated with any Subscription Plan.

If the Subscriber modifies the Subscription Plan, the new terms and pricing will take effect immediately from the date of the change. If the revision results in a reduction of committed Fees (such as Capacity Fees or Periodic Fees), the Subscriber must pay the difference between the originally agreed Fees and the adjusted Fees.

Termination of Subscription

American Notarization has the authority to terminate the Subscription Plan, Order Form, or Agreement, either partially or entirely, by providing written notice in the following situations:

Failure to Pay: If the Subscriber does not fulfill payment obligations and does not resolve the issue within 10 days of receiving a formal notification.
Legal or Regulatory Violation: If continuing to provide services to the Subscriber would result in a breach of applicable laws or regulations

Effects of Termination

When an Order Form is terminated, all associated Subscription Plans will automatically end. If an individual Subscription Plan is terminated:

The Subscriber must immediately clear all outstanding payments, including unpaid Capacity Fees and Periodic Fees.
The right to access and use the Services under the Subscription Plan will be revoked immediately.
For a 10-day period after termination, the Subscriber will have limited access to the Platform solely to retrieve their data. However, American Notarization will not provide access to database copies containing Subscriber Data.

Certain provisions, such as Payment Obligations and Post-Termination Rights, will remain enforceable even after termination.

Consulting and Customer Support Services

American Notarization offers Consulting and Customer Support Services, as detailed in the Order Form. Fees for these services will be outlined separately. Unless otherwise specified, all consulting and support services will be billed on a time-and-materials basis.

Fees and Payment

General Payment Terms. The Subscriber agrees to pay the Fees specified in the Order Form, which begin accruing from the date stated in the Order Form. These Fees are non-refundable unless otherwise specified in the Agreement or Order Form. Any Fees not covered under this section are payable according to the terms of the Subscription Plan. The Subscriber may allow its Affiliates to use the Services outlined in the Agreement and any applicable Order Form; however, the Subscriber is responsible for ensuring its Affiliates comply with the Agreement and remains fully liable for their actions or omissions.
Periodic Fees. Fees for Subscription Plans initiated via an Order Form are due 15 days from the invoice date, with invoices issued annually. For Subscription Plans activated through the Site or App, Fees must be paid in full at the start of each Subscription Period, at the conclusion of each Transaction, or at the beginning of a Transaction, as determined solely by American Notarization. Any inquiries about payment terms may be directed to info@americannotarization.com. Additionally, American Notarization reserves the right to seek payment for Transactions that were initiated but not completed.
Payment Method. All payment methods used by the Subscriber must enable American Notarization to charge and collect all amounts due under any applicable Subscription Plan, including any other charges the Subscriber incurs. If the Subscriber opts for automatic payments, Fees will be charged automatically via the selected payment method (if accepted by the Platform) under the conditions outlined in the Order Form. Payments may be processed:
- When the Subscription Plan is activated;
- When the Subscriber confirms a payment prompt within the Platform; or
- At the end of the billing cycle.

SUBSCRIBER HEREBY AUTHORIZES AMERICAN NOTARIZATION OR ITS AGENT TO CHARGE SUBSCRIBER’S PAYMENT METHOD ON A RECURRING BASIS FOR SUBSCRIPTION PLAN FEES, ALL APPLICABLE TAXES, AND ANY OTHER RECURRING CHARGES INCURRED IN CONNECTION WITH SUBSCRIBER’S USE OF THE SERVICES.

Invoicing. If Fees are invoiced, the Subscriber must pay the full amount (without any deductions, offsets, or counterclaims) within 15 days from the invoice date. Payments must be made in US dollars to American Notarization’s designated address or account. Late payments will accrue interest at 1.5% per month or the highest rate permitted by law, whichever is lower, until the outstanding balance is paid in full.
Taxes. All payments made by the Subscriber are exclusive of any federal, state, local, or international taxes, tariffs, duties, levies, withholdings, or similar charges, including sales, use, and value-added taxes. The Subscriber shall be solely responsible for all such obligations, except for taxes imposed on American Notarization’s income. Any required withholdings by a foreign government must be added to the total amount due.
Fee Increase. Fees will automatically increase by 5% annually, starting on the first anniversary of the Order Date.
Promotional Oﬀers. American Notarization may provide discounts, special promotions, or other preferred pricing arrangements (“Promotional Offers”), either directly or through distribution partners. Unless explicitly stated otherwise by American Notarization:
- Promotional Offers cannot be combined with other promotions, and
- Some promotions may only be accessible through specific distribution channels.

Third-Party Services.

To the extent that Subscriber intends to access the Services on an integrated basis with any one or more third-party technology platforms authorized by American Notarization (each, a “Third-Party Platform”), Subscriber acknowledges and agrees that, as between American Notarization and the Subscriber, American Notarization will not be responsible or liable to Subscriber or any third party in connection with Subscriber’s use of any such Third-Party Platform(s).
American Notarization provides the following assurances to the Subscriber:
Qualified Personnel – All Services will be carried out by properly trained and credentialed professionals who possess the necessary licenses, commissions, or approvals.
Compliance with Notary Laws – Any Notary Users supplied by American Notarization, including On-Demand Notaries, will conduct notarizations in full compliance with all applicable Notary Laws.
Legal Compliance for Cloud Services – Any services provided that are unrelated to notarizations or electronic signatures will adhere to all laws governing cloud service providers.
Security Measures – The Platform software will be subjected to routine virus scanning and removal procedures using industry-standard security tools to ensure protection against malware threats.

These warranties will not apply in cases where:

The Services are not used in accordance with the Agreement or American Notarization’s provided guidelines.
Any defect or non-compliance arises due to the actions of a User or third-party service or product.
The Services are accessed under an Unpaid Access arrangement.

Co-operation. Subscriber acknowledges that eﬀective performance of Services depends on Subscriber’s provision of accurate information and resources, and may rely on external providers upon which American Notarization has no authority. Subscriber will timely provide American Notarization, at no charge, (a) all information and cooperation reasonably requested to facilitate American Notarization’s provision of the Services, (b) all resources, consents, and licenses reasonably necessary to permit American Notarization to provide the Services that are not otherwise identiﬁed as American Notarization’s responsibility, and (c) access to appropriate Subscriber personnel for cooperative activities.

Publicity.

Subscriber Marks. If the Subscriber is a business, they grant American Notarization a non-exclusive, non-transferable right to display the Subscriber’s logo, trademarks, trade names, service marks, trade dress, and similar branding materials (collectively, “Subscriber Marks”) on the Site and in marketing materials to indicate their status as a current or prospective American Notarization customer. The Subscriber also agrees to the inclusion of their Marks in customer lists used for American Notarization’s marketing and promotional activities.

American Notarization acknowledges that the Subscriber retains sole and exclusive ownership of the Subscriber Marks and all associated goodwill, with any goodwill generated under this Agreement benefiting only the Subscriber.

American Notarization Marks. At American Notarization’s option, Subscriber may post on its website, in a commercially reasonable location and format, American Notarization Marks designated by American Notarization for that purpose, and may indicate that Subscriber is or intends to become a American Notarization’s customer. American Notarization grants Subscriber a limited, non-exclusive, non- transferable permission to display the American Notarization Marks on its website and in its marketing materials solely for that purpose. Subscriber acknowledges that, between the parties, American Notarization retains sole and exclusive ownership of the American Notarization Marks and all associated goodwill, with any goodwill generated under this Agreement benefiting only American Notarization. Subscriber agrees not to select, use, apply for, or register any trademark or business name that is confusingly similar to the American Notarization trademark.
Conditions of Use. In order to preserve the inherent value of the American Notarization Marks and Subscriber Marks, respectively, each party shall maintain a level of the quality of products and services oﬀered at least as high as immediately prior to the Order Date. Subscriber may end American Notarization’s use of Subscriber Marks, and American Notarization may end Subscriber’s use of American Notarization’s Marks, at any time after notice and a reasonable wind-down period.
Public Announcement. Within 10 business days after the Order Date, Subscriber and American Notarization may work together to produce a press release announcing the Subscriber relationship. With Subscriber’s approval, which will not be unreasonably withheld, conditioned or delayed, American Notarization will issue the press release.

Data.

Data Security. American Notarization’s standard data security practices apply to Subscriber Data. The company has implemented and will maintain appropriate technical, physical, and organizational measures in compliance with applicable laws to safeguard Subscriber Data against accidental, unauthorized, or unlawful access, disclosure, alteration, loss, or destruction. American Notarization will provide written notice to Subscriber of any material modifications to its security measures as soon as reasonably practicable.
Data Storage Location. American Notarization processes, stores, and accesses Subscriber Data in a United States-based cloud region. If American Notarization decides to use another region, Subscriber shall be notified in advance.
Security Incidents Notiﬁcations. American Notarization will notify one or more of Subscriber’s administrators via email in the event of a security incident. However, American Notarization will only notify affected individuals if legally required to do so. Subscriber is responsible for informing its individual users unless American Notarization is legally obligated to provide such notifications. Any security incident report to Subscriber or an individual does not constitute an admission of fault or liability by American Notarization. The company will provide reasonable cooperation with Subscriber, at Subscriber’s expense, in connection with investigations, regulatory proceedings, or litigation arising from a security incident.
Documentation. The Subscriber is entitled to request specific documentation from American Notarization once every 12 months, provided that a written request is submitted at least 14 business days in advance. Upon such request, American Notarization will provide:
Data Backup Information – A summary of the company’s current data backup strategies and protocols.
Cyber Insurance Verification – Proof of active cyber insurance coverage.
Security Assessment Summary – An executive report detailing the most recent penetration test conducted on American Notarization’s network infrastructure supporting the Services.
SOC 2 Compliance Report – An executive summary of the latest completed System and Organization Controls 2 (SOC 2®) Type I or II audit, as applicable.
Subscriber’s Responsibility. Subscriber must promptly notify American Notarization if it becomes aware of or reasonably suspects misuse of its accounts or authentication credentials, or a security incident related to the platform.
Subscriber Data Backups; Retention. AMERICAN NOTARIZATION WILL PROVIDE ACCESS TO SUBSCRIBER DATA THROUGH THE VERIFICATION PORTAL FOR A REASONABLE DURATION, IN ACCORDANCE WITH INDUSTRY STANDARDS AND ITS STANDARD PRACTICES. HOWEVER, SUBSCRIBER ACKNOWLEDGES THAT, UNLESS OTHERWISE SPECIFIED IN AN ORDER FORM OR MANDATED BY APPLICABLE LAW (INCLUDING APPLICABLE NOTARY LAW AND APPLICABLE ELECTRONIC SIGNATURE LAW): (A) AMERICAN NOTARIZATION IS NOT OBLIGATED TO RETAIN SUBSCRIBER DATA, AND (B) SUBSCRIBER BEARS SOLE RESPONSIBILITY FOR THE RETENTION AND BACKUP OF ALL SUBSCRIBER DATA SUBMITTED TO THE PLATFORM BY OR ON BEHALF OF SUBSCRIBER.

Support and Maintenance Services.

This Section lists the Support Services and expected service level availability for certain Services American Notarization provides to Subscribers.

Deﬁnitions.
1. “Documentation” means the Platform documentation American Notarization provides to Users.
2. “Incident” means either (a) a failure or deviation of the Services to substantially conform to applicable Documentation or (b) an interruption in Services availability outside of Scheduled Downtime.

iii. “Incident Resolution” means a procedure, modiﬁcation, or addition to the Services that (a) removes an Incident, (b) otherwise establishes material conformity of the Services to the Documentation, or (c) when implemented in the regular operation of the Services, eliminates an Incident’s adverse eﬀect without material loss of performance.

“Interim Process” means a bypass, procedure or routine that (a) when implemented, eliminates an Incident’s adverse eﬀect without material loss of performance and (b) does not require unreasonable Subscriber eﬀort to implement and use. Interim Process excludes Incident Resolutions.
“Updates” means modiﬁcations and enhancements to the Platform developed by or on behalf of American Notarization, including security patches and new versions.
Support and Maintenance.

Throughout the relevant Subscription Period, American Notarization will provide support for the following types of requests (collectively, the “Service Requests”) related to the Services in use by Subscriber:

Services Support. Subscriber has access to American Notarization personnel responsible for troubleshooting, receipt of Incident reports, and general questions regarding the use and operation of the Services.
General User Support. American Notarization provides User support during business hours for general inquiries regarding use of the Services such as non-technical “how-to” questions and other minor technical questions.

Service Updates. American Notarization provides, at no additional charge to Subscriber, any available Updates to the Services in a form ready for implementation. American Notarization also provides updated Documentation, as necessary, to reﬂect any changes to the Service due to an Update or Incident Resolution.

Helpdesk Support. American Notarization provides Updates during Scheduled Downtime. American Notarization assigns the appropriate priority to all reported or discovered Incidents, as reasonably determined by American Notarization after consultation with Subscriber and consistent with good industry practices. The criteria for assigning a particular priority level are as follows:

Priority Level	Conditions
Level 1	Critical Business Impact. The Incident seriously aﬀects the functionality of the Services (or component thereof) and cannot be circumvented such that most of the signiﬁcant functionality of the Services (or component thereof) is available.
Level 2	Significant Business Impact. The Incident partially aﬀects the functionality of the Services (or component thereof), but can be circumvented so that most of the signiﬁcant functionality of the Services (or component thereof) is available.
Level 3	Minimal Business Impact. The Incident can be circumvented such that the Services (or component thereof) can be used with only slight inconvenience. The problem can be considered insigniﬁcant and has no signiﬁcant eﬀect on the usability of the Services (or component thereof).

Subscriber’s Responsibilities.
1. Before submitting a Service Request, Subscriber will ﬁrst review all support information available on the Platform and in the Documentation. If a Service Request could have been resolved through reasonable review of Documentation, American Notarization is not obligated to respond, other than referring Subscriber to the Documentation.
2. If American Notarization cannot reproduce an Incident based on Incident report information, American Notarization may request temporary login access to the Services to identify the Incident (“Temporary Remote Access”) and Subscriber will use commercially reasonable eﬀorts to make such Temporary Remote Access available, subject to Subscriber’s reasonable access policies and controls. American Notarization is responsible for all costs associated with Temporary Remote Access.
3. Subscriber Charges.

American Notarization may charge Subscriber, as a Fee for Consulting Services or Support Services, for resolution of any Service Requests required due to problems, Incidents, or inquiries caused by Subscriber, issues with the Subscriber Data or User Systems, or Service Requests that are not covered under the Agreement. American Notarization may also oﬀer additional support and training to Subscriber under separate mutually-agreed terms.

Service Level Availability.

Availability of Incident Resolution Services. American Notarization will acknowledge Subscriber’s Service Request, and respond to and resolve any applicable Incident, within the timeframe for the priority level of the Incident as listed below. American Notarization will endeavor to meet the acknowledgment time and provision of Incident Resolutions and Interim Processes in the timeframes listed below. If American Notarization determines that it will not be able to remedy the reported Incident within the relevant timeframe, American Notarization will increase resources appropriately, continue its corrective eﬀorts and, in the case of Level 1 Incidents, advise Subscriber at least every 2 hours of the status of its eﬀorts and the expected timing of Incident Resolution or Interim Process delivery.

Incident Priority	Acknowledgment Time	Provision of Incident Resolution or Interim Process	Timeframe for Provision of Incident Response
Level 1	1 hour	8 hours	36 hours
Level 2	4 Hours	24 hours	5 days

Subscriber acknowledges that these timeframes are estimates only, and American Notarization’s failure to meet a target time frame is not a material breach of the Agreement, nor does it give rise to any additional Subscriber remedies.

On-Demand Notary Availability. If a Subscriber purchases notarization via On-Demand Notary, American Notarization will provide a credit for On- Demand Notary Availability Downtime (the “On-Demand Notary Downtime Credit”), applied as a percentage of Subscriber’s invoice for the calendar month, and calculated as shown below:

On-Demand Notary Downtime. On-Demand Notaries will be available to provide Services during American Notarization’s business hours. Except as provided in the Exceptions Section, each hour that On-Demand Notaries are not available to provide Services during American Notarization’s business hours is “On-Demand Notary Downtime”.
Transaction Availability Downtime. Except as provided in Exceptions Section, if the number of hours between: (i) the time when American Notarization receives a Transaction and (ii) the earliest time that a Transaction could have been initiated with an On-Demand Notary exceeds 4 hours, then that additional time (i.e., in excess of 4 hours) is “Transaction Availability Downtime”. The On-Demand Notary Downtime and the Transaction Availability Downtime are collectively “On-Demand Notary Availability Downtime”.

Remedies. The On-Demand Notary Downtime Credit is calculated as:

Cumulative On- Demand Notary Availability Downtime (in a given calendar month as measured by American Notarization monitoring systems, converted to minutes)	On-Demand Notary Downtime Credit
Up to 240 minutes	No On-Demand Notary Downtime Credit
241-360 minutes	1 %
361-480 minutes	3 %
481-600 minutes	5 %
601 minutes or greater	7 %

Transaction Volume. American Notarization structures Services on the basis of reasonable projections of Transaction volume. If an unanticipated spike in Transaction volume occurs, American Notarization may in its reasonable judgment postpone (or decline) a Transaction.
Platform Availability. For any Platform Downtime resulting from Platform availability issues, American Notarization shall provide a credit (the “Platform Downtime Credit”), applied as a percentage of a Subscriber’s invoice for the calendar month, and calculated as shown below:
Platform Downtime. Except as provided in Exceptions section, each hour that the Platform is not available for access by Subscribers is “Platform Downtime”.
Platform Availability Percentage. The “Platform Availability Percentage” equals [(total hours in a month-Platform Downtime)/total hour in a month] *100.

iii. Remedies for Downtime. Each Platform Downtime Credit is calculated as set forth in the table below:

Platform Availability Percentage (in a given calendar month as measured by American Notarization monitoring systems)	Platform Downtime Credit
99.9% or higher	No Platform Downtime Credit
97% – 99.9%	1 %
95% – 97%	3 %
93% – 95%	5 %
Below 93%	7 %

Sole Remedy. The On-Demand Notary Downtime Credit and Platform Downtime Credits described in Sections (On- Demand Notary Availability) and (Platform Availability) are Subscriber’s sole and exclusive remedies for any Service or Platform unavailability, degradation, or inoperability.
Exceptions. Platform Downtime and On-Demand Notary Availability Downtime do not include any Service or Platform unavailability, degradation or inoperability attributable to any of the following issues (“Exceptions”):
1. Breach of the Agreement or misuse of the Services or the Platform;
2. Internet or other network traﬃc or connectivity problems (other than problems arising in networks controlled by American Notarization);

Failure to meet any minimum User System requirements in the Documentation;

Factors outside American Notarization’s reasonable control, including natural disaster, war, acts of terrorism, riots, government action, or a network or device failure external to American Notarization’s data centers or networks (including at Subscriber’s site or between that site and American Notarization’s data center);
Issues resulting from third-party software or services (except for American Notarization’s agents and subcontractors);
Issues caused by use of the Services after American Notarization advised Subscriber or any of its Users to modify its use of the Services, and if Subscriber or any of its Users did not modify its use as advised;

Failure to adhere to required conﬁgurations, use supported platforms, follow acceptable use policies, or use of the Services in a manner inconsistent with the features and functionality of the Services (including attempts to perform unsupported operations) or inconsistent with the Documentation;
Extended wait times for, or low/no availability of, non-English speaking Notaries;

Faulty instructions by Subscriber or Subscriber’s representatives or service providers;
Scheduled Downtime Hours and Emergency Downtime Hours; or
An Interim Process.
Scheduled Downtime. Unless otherwise agreed in an Order Form, American Notarization may schedule Services downtime between 3:00 AM – 6:00 AM Eastern Time on a weekly basis (“Scheduled Downtime”). American Notarization will use commercially reasonable eﬀorts to notify Subscriber at least 5 days in advance of Scheduled Downtime.
Emergency Downtime. If American Notarization determines that it must take the Services oﬄine for emergency purposes (“Emergency Downtime”), American Notarization will use its best eﬀorts to notify Subscriber as far in advance as practicable.

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Contact Us

If you have any questions, comments, or concerns regarding this Terms of Service or our services, you may contact us at:

One Research Court, Suite 450 Rockville,

MD 20850 USA

You may also reach us via email at info@americannotarization.com or by phone at 866-721-0746.