eSignare Notary™ Terms of Service

These eSignare Notary™ Terms of Service ("Notary Terms") govern the use of electronic notarization and related notarial services offered through the Portal Platform™ by JHS Solutions LLC ("Company," "we," "our," or "us").

These Terms apply to traditional notarial services, electronic notarization, In-Person Electronic Notarization (IPEN), Remote Online Notarization (RON) where legally authorized, and future notarial services supported through the Platform.

Nothing in these Terms authorizes the Company or any Notary Public to perform acts prohibited by applicable law or outside the authority granted by the applicable commissioning jurisdiction.

These Terms supplement:

LEGAL-001 — Master Terms of Service;

LEGAL-002 — Privacy Policy;

LEGAL-003 — Communications Policy;

LEGAL-004 — Security Policy;

LEGAL-005 — AI Services Policy;

LEGAL-006 — Electronic Signature Disclosure & Consent;

LEGAL-007 — Cookie Policy;

LEGAL-008 — Acceptable Use Policy;

LEGAL-009 — Trust Center™ Policy;

LEGAL-010 — Record Retention Policy;

LEGAL-011 — Accessibility Statement;

LEGAL-012 — Subprocessors & Third-Party Services Policy;

LEGAL-013 — Data Processing Addendum;

LEGAL-014 — Enterprise Terms & Conditions;

and all applicable laws governing notarial acts.

1.1 Purpose

The purpose of these Notary Terms is to establish the rules governing notarial services performed through or supported by the Platform.

These Terms address:

traditional notarization;

electronic notarization;

IPEN;

RON where authorized;

identity verification;

electronic journals;

electronic seals;

audio-video recording where applicable;

credential analysis where applicable;

record retention;

future notarial technologies.

1.2 Scope

These Terms apply to:

Notaries Public using the Platform;

individuals requesting notarial services;

signers;

witnesses;

organizations;

enterprise customers;

government entities;

future notarial users.

1.3 Definitions

For purposes of these Terms:

Notary Public means an individual lawfully commissioned or authorized to perform notarial acts under the laws of the applicable jurisdiction.

Electronic Notarization means a notarial act performed electronically in accordance with applicable law.

IPEN means In-Person Electronic Notarization.

RON means Remote Online Notarization performed using approved communication technology where authorized by applicable law.

Credential Analysis means automated or manual evaluation of identity credentials where required or permitted by applicable law.

Identity Proofing means procedures used to verify the identity of a signer.

Electronic Journal means the electronic record maintained by the Notary when required or permitted by law.

1.4 Jurisdiction

Notarial acts may only be performed when authorized by the laws governing the Notary's commission.

The Platform does not authorize a Notary Public to exceed the authority granted under applicable law.

Where jurisdiction-specific laws conflict, the applicable law governing the Notary's commission controls.

1.5 No Unauthorized Practice of Law

The Company, Platform, and Notaries using the Platform do not provide legal advice solely by offering Platform services.

Unless separately licensed to practice law in the applicable jurisdiction, neither the Company nor a Notary Public shall:

provide legal advice;

draft legal opinions;

represent parties in legal proceedings;

determine legal sufficiency of documents;

advise whether documents accomplish intended legal objectives.

Users are encouraged to consult qualified legal counsel regarding legal questions.

1.6 Future Notarial Services

The Company may introduce additional notarial capabilities including:

AI-assisted document preparation (where permitted);

multilingual notarial support;

enhanced identity verification;

digital credentials;

biometric authentication;

electronic witness management;

blockchain-supported verification where appropriate;

cross-border verification services where legally permitted;

future technologies consistent with applicable law.

The Company reserves the right to modify or discontinue notarial features as legal, regulatory, or technological requirements evolve.

1.7 Compliance with Law

All notarial services must comply with:

applicable federal law;

Florida law (where applicable);

the laws of the commissioning jurisdiction;

electronic signature laws;

consumer protection laws;

anti-fraud laws;

record retention requirements;

professional notarial standards.

Where a conflict exists between these Terms and mandatory law, mandatory law controls.

2.1 Identity Verification

Before performing a notarial act, the Notary Public is responsible for verifying the identity of the signer in accordance with the laws governing the Notary's commission.

Identity verification may include one or more of the following methods where authorized by applicable law:

personal knowledge;

satisfactory evidence through government-issued identification;

credible witnesses;

credential analysis;

identity proofing;

biometric verification where authorized;

knowledge-based authentication (KBA);

other legally authorized methods.

The Company provides technology that may assist the verification process but does not replace the independent legal responsibilities of the Notary Public.

2.2 Signer Responsibilities

Each signer represents and warrants that the signer:

is the individual identified in the transaction;

has the legal capacity to execute the document;

understands the document being signed;

is acting voluntarily and without coercion;

has authority to sign where acting on behalf of another person or organization;

provides truthful and accurate information;

complies with applicable law.

The Platform does not determine whether a signer possesses legal capacity or authority beyond the verification methods required or permitted by applicable law.

2.3 Notarial Procedures

Notarial acts performed through the Platform shall be conducted in accordance with:

applicable state law;

applicable federal law;

commissioning authority requirements;

professional notarial standards;

Platform security procedures.

Depending upon the type of notarial act, procedures may include:

identity verification;

review of the document;

administration of an oath or affirmation where required;

acknowledgment;

jurat;

witnessing;

application of an electronic signature;

application of an electronic seal;

completion of a notarial certificate;

journal entry where required.

2.4 Electronic Signatures

The Platform supports electronic signatures consistent with applicable electronic transaction laws.

Electronic signatures may include:

typed signatures;

drawn signatures;

uploaded signatures;

cryptographic signatures;

secure signature technologies;

future signature technologies.

Electronic signatures used during a notarial act remain subject to the applicable laws governing electronic notarization.

2.5 In-Person Electronic Notarization (IPEN)

Where authorized by applicable law, the Platform may support In-Person Electronic Notarization (IPEN).

For IPEN transactions:

the signer and Notary must be physically present together unless applicable law provides otherwise;

documents may be signed electronically;

electronic seals may be applied;

electronic journals may be maintained;

audit records may be generated;

Certificates of Completion™ may be produced where supported.

The Platform facilitates the transaction but does not alter statutory requirements governing IPEN.

2.6 Remote Online Notarization (RON)

Where authorized by applicable law and where the Platform supports such functionality, Remote Online Notarization may include:

secure audio-video communication;

credential analysis;

identity proofing;

electronic signatures;

electronic seals;

electronic journals;

recording retention;

audit logs;

future RON technologies.

RON services shall only be performed by Notaries authorized to perform remote online notarizations under the applicable jurisdiction.

2.7 Audio-Video Recording

Where required or permitted by applicable law, the Platform may create or retain audio-video recordings of remote notarial sessions.

Recordings may be retained for purposes including:

legal compliance;

fraud prevention;

dispute resolution;

regulatory review;

quality assurance;

record retention;

future verification services.

Recording retention periods shall be governed by applicable law, the Company's Record Retention Policy, and applicable contractual obligations.

2.8 Electronic Journals

The Platform may support electronic journals where required or permitted by law.

Journal entries may include:

date and time;

type of notarial act;

signer's name;

identification method;

document description;

fees charged where required;

recording references;

additional information required by applicable law.

The Notary Public remains responsible for maintaining required journals in accordance with applicable law.

2.9 Electronic Seals and Certificates

The Platform may support application of electronic:

notarial seals;

official stamps;

certificates;

acknowledgments;

jurats;

notarial statements;

future electronic notarial credentials.

Electronic seals and certificates shall be applied only by authorized Notaries in accordance with applicable law.

2.10 Refusal of Notarial Services

A Notary Public may refuse to perform a notarial act where permitted or required by law, including circumstances where the Notary reasonably believes:

identity cannot be satisfactorily established;

the signer lacks legal capacity;

the signer appears unwilling or under duress;

fraud may be occurring;

the document is incomplete where completion is required by law;

the requested act is prohibited by law;

a conflict of interest exists;

statutory requirements have not been satisfied.

The Company may also suspend or restrict Platform access where fraudulent or unlawful activity is reasonably suspected.

2.11 Fees

Notarial fees charged through the Platform shall comply with applicable law governing the jurisdiction in which the notarial act is performed.

Additional Platform fees may apply for:

technology services;

electronic document preparation;

identity verification;

credential analysis;

audio-video recording;

storage;

expedited services;

enterprise services;

AI-assisted features where offered.

Applicable fees will be disclosed before completion of the transaction where required by law.

2.12 Fraud Prevention

The Platform incorporates commercially reasonable measures intended to reduce fraud, including:

identity verification tools;

authentication controls;

audit trails;

tamper-evident technologies;

Verification IDs;

Certificates of Completion™;

security monitoring;

AI-assisted fraud detection where implemented;

future fraud prevention technologies.

No verification technology can eliminate every risk of fraud or identity theft.

2.13 AI-Assisted Notarial Services

The Platform may utilize Artificial Intelligence to assist with administrative tasks such as:

document classification;

workflow guidance;

appointment scheduling;

translation;

accessibility;

fraud detection support;

document review assistance;

customer service.

Artificial Intelligence shall not replace the independent legal judgment, discretion, or statutory responsibilities of a commissioned Notary Public unless expressly authorized by applicable law.

2.14 Witnesses

Where witnesses are required by applicable law or by the document itself, the Platform may support the management of witness participation.

The responsibility for determining whether witnesses are legally required remains with the parties to the transaction and, where appropriate, their legal advisors.

The Platform does not independently determine witness eligibility or legal sufficiency unless specifically required by applicable law.

2.15 Future Notarial Technologies

As technology and applicable law evolve, the Company may implement additional capabilities including:

digital identity credentials;

mobile driver's license verification;

biometric authentication;

NFC-enabled credential verification;

AI-assisted identity verification;

secure digital wallets;

international electronic identity standards where legally recognized;

blockchain-supported audit verification where appropriate;

advanced anti-fraud technologies;

future notarial innovations.

Such technologies will be implemented only where permitted by applicable law and consistent with the Company's security, privacy, and compliance obligations.

3.1 Responsibilities of the Notary Public

Each Notary Public using the Platform represents and warrants that the Notary:

holds a valid commission or authorization required by the applicable jurisdiction;

will perform notarial acts only within the authority granted by law;

will comply with all applicable statutes, administrative rules, and ethical obligations;

will maintain required journals, records, and seals;

will exercise independent judgment;

will refuse notarial acts when required by law;

will safeguard credentials, electronic seals, and digital certificates;

will immediately report any compromise of credentials or electronic notarial tools.

Nothing in these Terms diminishes the independent legal responsibilities of a commissioned Notary Public.

3.2 Responsibilities of Customers and Signers

Customers, signers, witnesses, and other participants agree to:

provide accurate and complete information;

present legally acceptable identification when required;

review documents before signing;

ensure they understand the documents presented;

sign voluntarily and without coercion;

comply with applicable laws;

safeguard account credentials;

promptly report suspected fraud, unauthorized access, or identity theft.

The Platform does not verify the legal sufficiency of the underlying transaction beyond the services expressly provided.

3.3 Independent Legal Judgment

The Platform provides technology that facilitates notarial workflows.

The Platform does not:

determine whether a document is legally appropriate;

advise whether notarization is legally required;

determine the legal effect of a document;

determine tax consequences;

provide legal representation;

replace independent professional judgment.

Users should consult qualified legal counsel whenever legal advice is required.

3.4 Jurisdictional Compliance

Because notarial laws vary by jurisdiction, Users acknowledge that:

notarial authority is governed by the laws of the commissioning jurisdiction;

electronic notarization requirements differ by state or country;

RON authorization differs among jurisdictions;

IPEN requirements differ among jurisdictions;

recording requirements differ among jurisdictions;

fee schedules may differ by jurisdiction.

Where applicable law changes, the Company may modify Platform functionality to remain consistent with legal requirements.

3.5 Electronic Records and Recording Retention

Where electronic journals, audio-video recordings, audit logs, identity verification records, or related materials are created, they may be retained in accordance with:

applicable law;

contractual obligations;

the Company's Record Retention Policy;

applicable Enterprise Agreements;

regulatory requirements.

Retention periods may differ depending upon the jurisdiction and applicable legal obligations.

3.6 Platform Availability

The Company seeks to maintain reliable availability of eSignare Notary™ services.

However, services may occasionally be interrupted because of:

scheduled maintenance;

software updates;

cloud provider outages;

Internet disruptions;

telecommunications failures;

cybersecurity incidents;

force majeure events;

governmental actions;

circumstances beyond the Company's reasonable control.

The Company does not guarantee uninterrupted availability of notarial services.

3.7 Intellectual Property

The Company retains all right, title, and interest in:

Portal Platform™;

eSignare®;

eSignare Notary™;

Trust Center™;

Dispatch Center™;

Certificate of Completion™;

Verification technologies;

AI Services;

software;

APIs;

documentation;

trademarks;

copyrights;

trade secrets;

proprietary technology.

Nothing in these Terms transfers ownership of the Platform or its intellectual property.

3.8 Disclaimer of Legal Advice

THE PLATFORM IS A TECHNOLOGY SERVICE.

Except where an individual separately holds the legal qualifications required by applicable law, neither the Company nor the Platform provides:

legal advice;

legal opinions;

legal representation;

legal document review;

tax advice;

financial advice;

immigration advice;

estate planning advice.

Users are solely responsible for obtaining independent professional advice whenever appropriate.

3.9 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JHS SOLUTIONS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO:

refusal of a notarial act;

misuse of the Platform;

inaccurate information supplied by Users;

fraudulent conduct by third parties;

governmental rejection of documents;

court determinations regarding document validity;

failures of third-party identity verification providers;

cloud provider interruptions;

Internet failures;

telecommunications outages;

cybersecurity incidents beyond the Company's reasonable control;

force majeure events.

Except where prohibited by law or otherwise agreed in writing, the Company's total aggregate liability arising from eSignare Notary™ services shall not exceed the amount actually paid by the Customer for the specific notarial transaction giving rise to the claim during the twelve (12) months immediately preceding the event.

Nothing in this section limits liability that cannot lawfully be excluded or limited.

3.10 Indemnification

To the maximum extent permitted by law, Users agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, contractors, commissioned Notaries, affiliates, successors, and assigns from claims, damages, losses, liabilities, costs, expenses, and reasonable attorneys' fees arising from:

false statements made by the User;

fraudulent identification;

forged documents;

misuse of the Platform;

violation of applicable law;

breach of these Terms;

infringement resulting from Customer-provided materials.

3.11 Relationship to Other Policies

These eSignare Notary™ Terms form part of the Portal Platform Legal Suite™ and shall be interpreted together with:

LEGAL-001 — Master Terms of Service;

LEGAL-002 — Privacy Policy;

LEGAL-003 — Communications Policy;

LEGAL-004 — Security Policy;

LEGAL-005 — AI Services Policy;

LEGAL-006 — Electronic Signature Disclosure & Consent;

LEGAL-007 — Cookie Policy;

LEGAL-008 — Acceptable Use Policy;

LEGAL-009 — Trust Center™ Policy;

LEGAL-010 — Record Retention Policy;

LEGAL-011 — Accessibility Statement;

LEGAL-012 — Subprocessors & Third-Party Services Policy;

LEGAL-013 — Data Processing Addendum;

LEGAL-014 — Enterprise Terms & Conditions;

LEGAL-016 — IPEN & RON Supplement; and

any additional legal documents adopted by the Company.

Where another policy governs a more specific aspect of notarial services, that policy shall control with respect to that subject matter while these Terms govern the overall use of eSignare Notary™.

3.12 Amendments

The Company may revise these Terms to reflect:

changes in applicable law;

technological advancements;

new notarial capabilities;

AI developments;

identity verification improvements;

Platform enhancements;

regulatory guidance;

business expansion.

Material revisions will be communicated using reasonable electronic methods where required by applicable law.

Continued use of eSignare Notary™ after the effective date of revised Terms constitutes acceptance of the updated Terms to the extent permitted by law.

3.13 Contact Information

Questions regarding these eSignare Notary™ Terms of Service or the Company's notarial services may be submitted to:

JHS Solutions LLC

Email: support@esignare.com

Support is available for matters including:

Traditional Notarial Services

Electronic Notarization (eNotarization)

In-Person Electronic Notarization (IPEN)

Remote Online Notarization (RON)

Identity Verification Questions

Credential Analysis Questions

Electronic Journal Questions

Notary Account Support

Notarial Compliance Questions

General Customer Support

Additional contact methods and support resources may be published through the Portal Platform™ from time to time.

Where required by applicable law, the Company may designate a notarial, compliance, or legal representative to assist with notarial service-related inquiries.

3.14 Governing Law

These Terms shall be governed by the laws of the State of Florida, together with applicable federal laws of the United States, unless another jurisdiction's mandatory law governs a specific notarial act.

3.15 Severability

If any provision of these Terms is determined by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect.

Any invalid provision shall be interpreted or modified only to the extent necessary to preserve its intended purpose while maintaining the overall effectiveness of these Terms.

3.16 Survival

The provisions relating to:

confidentiality;

record retention;

electronic journals;

audio-video recordings;

limitation of liability;

indemnification;

governing law;

dispute resolution;

intellectual property; and

any obligations intended by their nature to survive,

shall survive the expiration or termination of these Terms to the extent permitted by applicable law.

BY REQUESTING, PROVIDING, OR PARTICIPATING IN A NOTARIAL SERVICE THROUGH ESIGNARE NOTARY™, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS OF SERVICE.

YOU FURTHER ACKNOWLEDGE THAT NOTARIAL ACTS ARE GOVERNED BY THE LAWS OF THE APPLICABLE COMMISSIONING JURISDICTION AND THAT THE PLATFORM FACILITATES, BUT DOES NOT REPLACE, THE INDEPENDENT LEGAL DUTIES AND PROFESSIONAL JUDGMENT OF A COMMISSIONED NOTARY PUBLIC.