IPEN & Remote Online Notarization (RON) Supplement

This IPEN & Remote Online Notarization ("RON") Supplement supplements the eSignare Notary™ Terms of Service and governs the use of electronic notarization technologies supported by the Portal Platform™.

This Supplement applies only where electronic notarization, In-Person Electronic Notarization (IPEN), or Remote Online Notarization (RON) is authorized under the laws governing the Notary Public performing the notarial act.

Nothing in this Supplement authorizes a Notary Public to perform any act prohibited by applicable law.

This Supplement shall be read 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-015 — eSignare Notary™ Terms of Service; and

all applicable laws governing electronic notarization.

1.1 Purpose

This Supplement establishes additional requirements governing:

In-Person Electronic Notarization (IPEN);

Remote Online Notarization (RON);

credential analysis;

identity proofing;

knowledge-based authentication;

audio-video communications;

electronic journals;

electronic seals;

electronic notarial certificates;

remote witnesses where legally authorized;

future electronic notarial technologies.

1.2 Scope

This Supplement applies to:

commissioned Notaries Public;

Customers;

Signers;

witnesses;

Enterprise Customers;

governmental organizations;

future Platform users participating in electronic notarization.

1.3 Definitions

For purposes of this Supplement:

IPEN means In-Person Electronic Notarization.

RON means Remote Online Notarization.

Credential Analysis means evaluation of identification credentials using technology approved or permitted by applicable law.

Knowledge-Based Authentication (KBA) means identity verification through knowledge-based questions where authorized.

Identity Proofing means technological or manual methods used to establish a signer's identity.

Electronic Journal means the electronic notarial record maintained where required.

Audio-Video Communication means secure real-time communication technology used during remote notarial sessions.

1.4 Jurisdiction

Electronic notarization may only be performed where:

authorized by applicable law;

permitted by the Notary's commission;

supported by Platform functionality.

The governing law shall be the law applicable to the commissioned Notary Public performing the notarial act.

1.5 Compliance with Law

Users acknowledge that:

RON laws differ by jurisdiction;

IPEN laws differ by jurisdiction;

recording requirements vary;

retention periods vary;

fee schedules vary;

identification requirements vary.

Where mandatory law differs from this Supplement, mandatory law controls.

1.6 Future Technologies

The Company may introduce future technologies including:

biometric identity verification;

NFC credential verification;

mobile driver's license verification;

digital identity wallets;

AI-assisted fraud detection;

blockchain-supported verification;

decentralized identity standards;

future legally authorized technologies.

2.1 Identity Proofing

Where required or permitted by applicable law, the Platform may support identity proofing procedures designed to assist the Notary Public in verifying the identity of a signer.

Identity proofing methods may include:

government-issued identification;

credential analysis;

biometric verification where authorized;

facial comparison technologies where authorized;

knowledge-based authentication (KBA);

trusted digital identity credentials;

personal knowledge of the signer;

credible witnesses where permitted;

other legally authorized methods.

The Notary Public remains solely responsible for determining whether the legal requirements for identity verification have been satisfied.

2.2 Credential Analysis

Where supported by the Platform and authorized by applicable law, credential analysis may evaluate identification credentials for indicators of authenticity.

Credential analysis may examine:

document security features;

expiration dates;

document integrity;

machine-readable zones;

barcode information;

embedded security elements;

future credential verification technologies.

Credential analysis assists the Notary but does not independently establish legal identity.

2.3 Knowledge-Based Authentication (KBA)

Where authorized by applicable law, the Platform may support Knowledge-Based Authentication (KBA).

KBA may include:

dynamically generated questions;

identity history verification;

commercially available identity verification services;

future legally authorized authentication methods.

Failure of KBA does not necessarily prohibit notarization unless required by applicable law.

2.4 Audio-Video Communication

RON sessions may utilize secure real-time audio-video communication technology.

Where required by law, the communication technology should allow participants to:

see one another;

hear one another;

communicate in real time;

review the document being notarized;

observe the signing process.

The Company seeks to provide commercially reasonable communication technology but cannot guarantee uninterrupted connectivity due to factors beyond its reasonable control.

2.5 Recording of Remote Sessions

Where required or permitted by applicable law, audio-video recordings may be created during Remote Online Notarization sessions.

Recordings may be used for:

legal compliance;

fraud prevention;

dispute resolution;

quality assurance;

regulatory review;

record retention;

future verification purposes.

Recording retention shall comply with applicable law and the Company's Record Retention Policy.

2.6 Electronic Journals

The Platform may assist commissioned Notaries in maintaining electronic journals where permitted or required by law.

Journal entries may include:

date and time of the notarial act;

type of notarial act;

signer's name;

method of identity verification;

document description;

fee information where required;

recording reference numbers;

jurisdiction;

additional information required by law.

The Notary Public remains responsible for ensuring journal accuracy and legal compliance.

2.7 Electronic Seals and Certificates

The Platform may permit authorized Notaries to apply:

electronic seals;

electronic signatures;

official electronic certificates;

acknowledgments;

jurats;

verification statements;

future legally authorized electronic notarial credentials.

Only a commissioned Notary Public acting within the authority granted by applicable law may apply an official electronic notarial seal or certificate.

2.8 Remote Witnesses

Where applicable law permits, the Platform may facilitate participation by remote witnesses.

The Platform does not determine:

whether witnesses are legally required;

whether witnesses satisfy statutory qualifications;

whether witness participation is legally sufficient.

Responsibility for determining witness requirements remains with the parties and the applicable law.

2.9 Refusal of Electronic Notarial Acts

A Notary Public may refuse to perform an electronic notarial act where permitted or required by applicable law, including when:

identity cannot be established;

required authentication fails;

communication technology is inadequate;

the signer appears unwilling;

the signer appears incapable of understanding the transaction;

fraud is reasonably suspected;

required documentation is incomplete;

legal requirements have not been satisfied.

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

2.10 Security Requirements

The Platform seeks to protect electronic notarization sessions through commercially reasonable safeguards, which may include:

encrypted communications;

secure authentication;

Multi-Factor Authentication (MFA);

audit logs;

tamper-evident records;

access controls;

session monitoring;

secure storage;

future security technologies.

No security measure can guarantee complete protection against every cybersecurity threat.

2.11 AI-Assisted Verification

Artificial Intelligence may assist with administrative or technical aspects of electronic notarization, including:

document classification;

fraud detection support;

translation assistance;

accessibility improvements;

scheduling;

workflow guidance;

identity verification assistance where legally permitted;

future AI-supported capabilities.

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

2.12 Fraud Prevention

The Company employs commercially reasonable measures intended to reduce fraud, including:

identity verification technologies;

credential analysis;

Knowledge-Based Authentication where supported;

audit trails;

Verification IDs;

Certificates of Completion™;

tamper-evident technologies;

AI-assisted fraud detection;

monitoring;

future fraud prevention technologies.

Users acknowledge that no identity verification or fraud prevention technology can eliminate every risk of fraud or identity theft.

2.13 Technical Interruptions

If a remote notarial session is interrupted due to:

Internet failure;

power outage;

communication failure;

software malfunction;

cloud provider interruption;

cybersecurity event; or

other technical issues,

the Notary Public shall determine, consistent with applicable law, whether the session may continue, must restart, or should be terminated.

The Company is not responsible for legal determinations regarding interrupted notarial proceedings.

2.14 Future Electronic Notarial Technologies

As laws and technology evolve, the Company may implement additional electronic notarization capabilities, including:

digital identity wallets;

mobile driver's license verification;

NFC credential validation;

decentralized identity technologies;

enhanced biometric authentication;

AI-assisted compliance tools;

blockchain-supported audit verification where appropriate;

international electronic identity interoperability where legally recognized;

future electronic 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 commissioned Notary Public using the Platform represents and warrants that the Notary shall:

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

perform notarial acts only within the scope of legal authority;

comply with all applicable statutes, administrative rules, and professional standards;

maintain required electronic journals and records;

safeguard electronic signatures, seals, certificates, and authentication credentials;

exercise independent professional judgment;

refuse notarial acts when required or permitted by applicable law;

promptly report the compromise of electronic credentials, seals, or certificates.

Nothing in this Supplement limits or replaces the independent legal duties imposed upon 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 where required;

cooperate with identity verification procedures;

comply with applicable law;

ensure that documents are complete before notarization where required;

review documents before signing;

safeguard account credentials;

promptly report suspected fraud or unauthorized activity.

Participants remain responsible for the truthfulness of representations made during the notarial process.

3.3 Technology Provider Role

The Company provides technology designed to facilitate electronic notarization workflows.

Except where expressly required by applicable law, the Company does not:

act as the commissioned Notary Public;

determine the legal sufficiency of documents;

determine legal capacity;

determine legal authority;

provide legal advice;

guarantee acceptance of documents by third parties;

guarantee that a requested notarial act is legally appropriate.

Legal responsibility for the notarial act remains with the commissioned Notary Public.

3.4 Compliance with Applicable Law

Electronic notarization services shall be performed in accordance with:

the laws governing the Notary's commission;

applicable federal law;

electronic signature laws;

anti-fraud laws;

consumer protection laws;

privacy laws;

record retention requirements;

professional notarial standards.

Where applicable law conflicts with this Supplement, mandatory law shall control.

3.5 Record Retention

Electronic journals, audio-video recordings, audit logs, credential analysis records, identity verification information, and related electronic records may be retained in accordance with:

applicable law;

the Company's Record Retention Policy;

contractual obligations;

regulatory requirements;

applicable Enterprise Agreements.

Retention periods may vary depending upon the jurisdiction governing the notarial act.

3.6 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;

APIs;

software;

documentation;

trademarks;

copyrights;

trade secrets;

proprietary technologies.

Nothing in this Supplement transfers ownership of Company intellectual property.

3.7 Disclaimer of Legal Advice

THE PLATFORM IS A TECHNOLOGY SERVICE.

Neither the Company nor the Platform provides:

legal advice;

legal opinions;

legal representation;

tax advice;

accounting advice;

financial advice;

immigration advice;

estate planning advice.

Users should obtain independent professional advice whenever legal questions arise.

3.8 Availability Disclaimer

The Company seeks to maintain reliable electronic notarization services using commercially reasonable operational practices.

However, services may be interrupted because of:

maintenance;

software updates;

cloud provider outages;

telecommunications failures;

Internet disruptions;

cybersecurity incidents;

governmental actions;

force majeure events;

circumstances beyond the Company's reasonable control.

The Company does not guarantee uninterrupted availability of electronic notarization services.

3.9 Limitation of Liability

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

electronic notarization;

Remote Online Notarization;

In-Person Electronic Notarization;

refusal of a notarial act;

identity verification failures caused by inaccurate user information;

failures of third-party identity verification providers;

communication failures;

Internet interruptions;

cloud provider outages;

governmental rejection of documents;

fraudulent conduct by third parties;

force majeure events;

circumstances beyond the Company's reasonable control.

Except where prohibited by law or otherwise agreed in writing, the Company's aggregate liability arising under this Supplement shall not exceed the fees actually paid for the specific electronic 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 JHS Solutions LLC, its affiliates, officers, directors, employees, contractors, commissioned Notaries, successors, and assigns from claims, damages, losses, liabilities, costs, expenses, and reasonable attorneys' fees arising from:

false statements;

forged documents;

fraudulent identification;

misuse of the Platform;

violation of applicable law;

breach of this Supplement;

infringement resulting from Customer-provided materials.

3.11 Relationship to Other Policies

This IPEN & Remote Online Notarization (RON) Supplement forms 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-015 — eSignare Notary™ Terms of Service; and

any additional legal documents adopted by the Company.

Where another policy governs a more specific subject relating to electronic notarization, that policy shall control with respect to that subject matter while this Supplement governs IPEN and RON functionality.

3.12 Amendments

The Company may revise this Supplement to reflect:

changes in applicable law;

technological developments;

improvements in identity verification;

security enhancements;

new electronic notarization capabilities;

Platform expansion;

regulatory guidance;

industry best practices.

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

Continued use of the Platform following the effective date of revised terms constitutes acceptance of the updated Supplement to the extent permitted by law.

3.13 Contact Information

Questions regarding this IPEN & Remote Online Notarization (RON) Supplement or the Company's electronic notarial services may be submitted to:

JHS Solutions LLC

Email: support@esignare.com

Support is available for matters including:

In-Person Electronic Notarization (IPEN)

Remote Online Notarization (RON)

Identity Proofing Questions

Credential Analysis Questions

Knowledge-Based Authentication (KBA) Questions

Audio-Video Session Questions

Electronic Journal Questions

Electronic Seal Questions

Notarial Technology 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 IPEN and Remote Online Notarization-related inquiries.

3.14 Governing Law

This Supplement shall be governed by the laws of the State of Florida, together with applicable federal laws of the United States, except where another jurisdiction's mandatory law governs a specific electronic notarial act.

3.15 Severability

If any provision of this Supplement is determined by a court or 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 this Supplement.

3.16 Survival

The provisions relating to:

confidentiality;

electronic journals;

audio-video recordings;

record retention;

limitation of liability;

indemnification;

governing law;

intellectual property;

dispute resolution; and

any obligations intended by their nature to survive,

shall survive the expiration or termination of this Supplement to the extent permitted by applicable law.

BY PARTICIPATING IN AN IN-PERSON ELECTRONIC NOTARIZATION (IPEN) OR REMOTE ONLINE NOTARIZATION (RON) TRANSACTION THROUGH THE PORTAL PLATFORM™, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THIS IPEN & REMOTE ONLINE NOTARIZATION (RON) SUPPLEMENT.

YOU FURTHER ACKNOWLEDGE THAT ELECTRONIC 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.