Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Notara platform, including our website at notara.com, our remote online notarization (RON) platform, electronic signature services, identity verification tools, and all related services (collectively, the "Services") provided by Notara Inc. ("Notara," "we," "us," or "our").

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

1. Definitions

• "Authorized User" means any individual who has been granted access to the Platform by an Account holder.
• "Commissioned Notary" means a notary public who has been duly commissioned by a U.S. state and has been approved to use the Notara Platform for performing notarial acts.
• "Electronic Notarization" means a notarial act performed by a notary public using electronic means in compliance with applicable state law, including remote online notarization (RON) and in-person electronic notarization (IPEN).
• "KBA" means Knowledge-Based Authentication, a process of verifying a signer's identity using questions derived from the signer's personal credit history and public records.
• "Platform" means the Notara web application, APIs, and all associated tools and services.
• "RON Session" means a remote online notarization session conducted via live, real-time audio-video communication technology.
• "Signer" means any individual who is a party to or who is executing a document in a notarial act performed on the Platform.

2. Eligibility and Account Registration

2.1 Account Requirements

To use the Services, you must: (a) be at least 18 years of age; (b) be legally capable of entering into binding contracts; (c) provide accurate, current, and complete registration information; and (d) maintain and promptly update your account information.

2.2 Notary Eligibility

Notaries using the Platform must: (a) hold an active, valid notary commission in at least one U.S. state; (b) complete any state-required RON training and certification; (c) obtain any required state RON registrations or endorsements; (d) maintain errors and omissions (E&O) insurance with minimum coverage of $25,000 (or as required by applicable state law); and (e) possess a valid digital certificate from a Notara-approved provider.

2.3 Account Security

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You agree to immediately notify Notara of any unauthorized use of your account or any other breach of security. Multi-factor authentication (MFA) is required for all notary accounts.

3. Platform Services

3.1 Remote Online Notarization (RON)

Notara provides a technology platform that enables commissioned notaries to perform remote online notarizations in compliance with applicable state and federal laws. The Platform provides: (a) live audio-video communication technology; (b) identity verification through credential analysis and KBA; (c) electronic notary seals and signatures; (d) tamper-evident recording and document storage; and (e) electronic journal management.

3.2 In-Person Electronic Notarization (IPEN)

The Platform supports in-person electronic notarization where the signer and notary are physically present in the same location while utilizing electronic tools for document signing, sealing, and journal management.

3.3 Electronic Signatures

Notara provides electronic signature capabilities compliant with the Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states.

3.4 Identity Verification

The Platform includes identity verification services comprising credential analysis (document verification), knowledge-based authentication (KBA), and biometric verification. These services are provided through approved third-party vendors in compliance with applicable state requirements.

4. Compliance and Regulatory Requirements

4.1 State Law Compliance

All notarial acts performed through the Platform must comply with the laws of the commissioning state of the notary performing the act, as well as any applicable laws of the jurisdiction where the signer is located. Notara provides tools to assist with compliance, but the notary is ultimately responsible for ensuring each notarization complies with applicable law.

4.2 Recording Requirements

All RON sessions are recorded in their entirety as required by applicable state law. Recordings are stored securely for a minimum period as required by the applicable state (typically 5-10 years). By using the Platform for a RON session, all participants consent to being recorded.

4.3 Document Retention

Notarized documents, electronic journals, and session recordings are retained in accordance with applicable state record retention requirements. Notara utilizes tamper-evident technology to ensure the integrity of all stored records.

4.4 MISMO Standards

The Platform is designed to comply with Mortgage Industry Standards Maintenance Organization (MISMO) standards for RON, including standards for audio-video communication, credential analysis, KBA, electronic seals, and tamper-evident technology.

5. Electronic Records Consent & Disclosure

5.1 Consent to Electronic Records

By using the Platform, you consent to receive all documents, communications, and records ("Records") related to your use of the Services in electronic form. This consent applies to all Records associated with any notarization, electronic signature, or identity verification session conducted through the Platform.

5.2 Right to Withdraw Consent

You may withdraw your consent to receive electronic Records at any time by contacting us at legal@notara.com or through your account settings. Withdrawal of consent may limit your ability to use certain features of the Platform. Withdrawal does not affect the legal validity or enforceability of any Records provided or signed electronically before your withdrawal took effect.

5.3 Paper Copies

You may request a paper copy of any electronic Record by contacting us at legal@notara.com. Paper copies will be provided free of charge for notarized documents and session records. We may charge a reasonable fee for copies of other Records.

5.4 Hardware and Software Requirements

To access and retain electronic Records, you will need: (a) a computer or mobile device with an internet connection and a current web browser (Chrome, Firefox, Safari, or Edge); (b) a valid email address for receiving notifications; (c) for RON sessions, a device with a camera and microphone capable of supporting live two-way audio-video communication; and (d) sufficient storage space to download and retain Records, or the ability to print them.

5.5 Updating Contact Information

You are responsible for keeping your email address and other contact information current in your account settings. If your email address changes, you must update it promptly to ensure you continue to receive important notifications about your sessions and Records.

6. Fees and Payment

6.1 Subscription Plans

Access to the Platform is provided through subscription plans as described on our Pricing page. Plan features, session limits, and pricing are subject to change with 30 days' written notice to existing subscribers.

6.2 Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or as required by law. Overage charges for sessions exceeding plan limits are billed monthly in arrears.

6.3 Taxes

All fees are exclusive of applicable taxes, levies, or duties. You are responsible for paying all taxes associated with your use of the Services, excluding taxes based on Notara's net income.

7. Notary Responsibilities

Notaries using the Platform acknowledge and agree that they are solely responsible for:

• Verifying the identity of signers in accordance with applicable state law
• Determining the signer's willingness and competence to execute documents
• Ensuring all notarial acts comply with the laws of their commissioning state
• Maintaining an accurate electronic journal of all notarial acts
• Maintaining their notary commission, bonds, and E&O insurance in good standing
• Completing all required continuing education and RON training
• Reporting any suspected fraud or irregularities to appropriate authorities
• Properly securing their digital certificate and electronic seal

8. Signer Responsibilities

Signers using the Platform acknowledge and agree that they:

• Will provide truthful and accurate identification documents and personal information
• Consent to identity verification procedures, including KBA and credential analysis
• Consent to audio-video recording of all RON sessions
• Will appear via live video with sufficient lighting and audio quality
• Are voluntarily executing the documents presented for notarization
• Understand the nature and consequences of the documents being signed

9. Intellectual Property

The Platform, including all software, content, designs, trademarks, and documentation, is owned by Notara and is protected by intellectual property laws. Your use of the Platform does not grant you any ownership rights. You retain ownership of all documents you upload to the Platform.

10. Data Security

Notara implements industry-standard security measures to protect your data, including: 256-bit AES encryption for data at rest and in transit; SOC 2 Type II compliant infrastructure; multi-factor authentication; role-based access controls; and continuous security monitoring. For more details, please review our Privacy Policy and Compliance Center.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NOTARA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE SERVICES.

NOTARA'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO NOTARA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

NOTARA IS A TECHNOLOGY PLATFORM PROVIDER. NOTARA DOES NOT PROVIDE LEGAL ADVICE AND IS NOT A LAW FIRM. NOTARA DOES NOT GUARANTEE THE LEGAL VALIDITY OR ENFORCEABILITY OF ANY NOTARIZATION OR ELECTRONIC SIGNATURE PERFORMED THROUGH THE PLATFORM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Notara and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any notarial act you perform or participate in using the Platform.

13. Termination

Either party may terminate these Terms at any time by providing 30 days' written notice. Notara may suspend or terminate your access immediately if you violate these Terms, engage in fraudulent activity, or if required by law. Upon termination, your right to use the Services ceases immediately, provided that Notara will continue to maintain records as required by applicable law.

14. Dispute Resolution

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in Miami, Florida. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

16. Modifications

Notara reserves the right to modify these Terms at any time. We will provide notice of material changes by email or through the Platform at least 30 days before the changes take effect. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms.

17. Contact Information

For questions about these Terms of Service, please contact us at:

Notara Inc.
Email: legal@notara.com
Address: Miami, FL 33131
Phone: (305) 555-0100