Terms of Service

OneNotary Team

August 5, 2024

ONENOTARY.US TERMS OF SERVICE

EFFECTIVE August 15, 2024

IMPORTANT, READ CAREFULLY : YOUR USE OF AND ACCESS TO THE WEBSITE AND PRODUCTS AND ASSOCIATED SOFTWARE (COLLECTIVELY, THE “PLATFORM”) AND ASSOCIATED SERVICES (“SERVICES”) OF ONENOTARY, INC. AND ITS AFFILIATES, IF ANY, IS CONDITIONED UPON YOUR COMPLIANCE WITH AND ACCEPTANCE OF THESE TERMS, WHICH INCLUDE YOUR AGREEMENT TO ARBITRATE CLAIMS. PLEASE REVIEW THOROUGHLY BEFORE ACCEPTING.

BY CLICKING/CHECKING THE “I AGREE” BUTTON/BOX, ACCESSING THE ONENOTARY WEBSITE OR BY UTILIZING THE ONENOTARY PLATFORM OR SERVICES YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ALL EXHIBITS, ORDER FORMS, AND INCORPORATED POLICIES (THE “AGREEMENT” OR “TOS”). THE ONENOTARY, INC. PLATFORM AND SERVICES ARE NOT AVAILABLE TO PERSONS WHO ARE NOT LEGALLY ELIGIBLE TO BE BOUND BY THIS AGREEMENT.

These Terms are a contract between OneNotary, Inc., a Delaware corporation, (“OneNotary,” “we,” “us,” and “our”) and all End Users (“you,” “your,” and “End User”) (each a “Party” and collectively the “Parties”). OneNotary will provide the software systems and programs, the communication and network facilities, and the hardware and equipment used by OneNotary or its agents or service providers (collectively the “Platform”) to make available the OneNotary products and services (collectively the “Services”) via the internet. End Users may access and use the Platform and Services in accordance with these Terms. OneNotary may provide the Platform or any of the Services hereunder through its affiliates. If you order Platform access, Services, or certain features of the Platform or Services, through an on-line registration page or an order form (each an “Order Form”), the Order Form may contain additional terms and conditions and information regarding the Services you are ordering. Unless otherwise expressly set forth in any such additional terms and conditions applicable to the speciﬁc Service feature you choose to use, those additional terms are hereby incorporated into these Terms.

System Requirements. Use of the Platform or Services requires one or more compatible devices, internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Platform or Services involves hardware, software, and internet access, your ability to access and use the Platform or Services may be affected by the performance of these factors. High speed internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

1.DEFINITIONS. The following deﬁnitions apply in these Terms, and any reference to the singular includes a reference to the plural and vice versa.

1.1. “Customer” means a Subscriber or licensee to one or more of OneNotary’s Services having one or more Customer Users.

1.2. “End User” is any individual or entity who accesses the Website, Platform, or uses OneNotary’s Services in any capacity. End Users may fall into one or more of these categories:

1.2.1. “Client” means a Customer, or other individual or entity, that provides services to their own end users that incorporate or include a White Label Solution.

1.2.2. “Customer User” means an individual, whether an employee, business partner, contractor, or agent of a Customer, who is registered or permitted by Customer to use the website, Platform, or Services, pursuant to these Terms and up to any maximum number of users or uses specified at the time of purchase.

1.2.3. “Signer” means an End User that is designated to sign a document by a Customer, Subscriber, Notary, Other Participant, or another party in a Transaction.

1.2.4. “Other Participant” means an End User who participates in a Transaction, but not as a Signer or Notary (an observer or non-signing witness).

1.2.5.“Subscriber” means an End User that purchases Services or Platform access for a periodic or transaction-based subscription (“Subscription Plan”).

1.2.6.“Notary” means an End User, including a Customer User, that provides notary services that is commissioned as a notary public by a state, jurisdiction or territory of the United States, (ii) has the required certifications approvals and training to perform remote online notarization.

1.3.“End User Data” means information provided to OneNotary to enable OneNotary to provide access to the Platform, perform the Services, or to otherwise fulﬁll its obligations under these Terms (e.g. name, form(s) of identification or other information used to verify identity, billing address, taxpayer ID number, e-mail, contact name and information).

1.4.“White Label Solution” means a solution containing a series of unique instance(s), module(s), or other features or components of the Platform that may be uniquely branded in a manner associated with a Client and is licensed to Client for the purposes of such Client providing and delivering their own services to their own end users, and any and all revisions, corrections, enhancements, modifications and updates thereto.

2.PLATFORM AND SERVICES.

2.1. OneNotary’s Platform is an internet-based platform that facilitates remote online notarization and related services. “Remote Online Notarization” or “RON” means the use of audio-video technology to complete a notarial act where the Signer applying an electronic signature to electronic documents is not in the same physical location as the Notary at the time the notarial act is performed.

2.2. The Platform includes instructions for accessing the Services and completing a transaction (“Transaction”), which may include one or more of the following steps: (a) providing requested biographical information; (b) creating a unique username and password; (c) responding to a series of questions that facilitates the confirmation of End User’s identity; (d) if a Notary, uploading necessary licensure and credentials to establish your notarization qualifications; (e) uploading a scanned copy of the document for notarization; (f) following instructions provided by a Notary; (g) engaging in a recorded, online video meeting during which a Notary will ask questions, review End User’s identification, witness End User’s signature, then provide a notarial seal; (h) paying the required fee; and (i) downloading the notarized document.

3.RESTRICTIONS. You may only use the Platform and Services pursuant to and consistent with these Terms. You are solely responsible for use of the Platform and Services and shall abide by, and ensure compliance with, all applicable laws in connection therewith, including but not limited to laws related to intellectual property, privacy and export control. Use of the Services is void where prohibited.

3.1. You shall not to reproduce, duplicate, copy, sell, resell or exploit access to the Platform, use of the Platform, or any portion of the Platform, including, but not limited to the HTML, Cascading Style Sheet (“CSS”) or any visual design elements without the express written permission from OneNotary.

3.2. You will not use the Platform to:

3.2.1. modify, disassemble, decompile, prepare derivative works of, reverse engineer or otherwise attempt to gain access to the trade secrets, source code, or know-how underlying the Platform or any components;

3.2.2. interfere with or disrupt OneNotary’s networks, other End User accounts, or the provision of Services;

3.2.3.bypass or breach any Platform security device or protection, or access the Platform other than through End User’s Credentials;

3.2.4. engage in activity that is illegal, fraudulent, false, or misleading;

3.2.5. transmit through the Platform any material that may infringe the intellectual property or other rights of third parties;

3.2.6. build or benchmark a competitive product or service, or copy any features, functions or graphics of the Platform;

3.2.7. gain unauthorized access to or disrupt any third-party service, device, data, account or network, or to distribute spam or malware;

3.2.8. allow anyone without capacity to enter into legally binding contracts to access the Platform without the direction supervision and participation of a parent or legal guardian;

3.2.9. You may not reproduce, resell, or distribute the Platform or any reports or data generated by the Platform for any purpose unless speciﬁcally permitted to do so under a separate agreement with OneNotary;

3.2.10. You may not offer or enable any third parties to use the Platform or Services, display on any website or otherwise publish the Services, Platform, or any content obtained from a Service. Except for a valid Notary fee earned through the utilization of the Platform by a Notary, End Users may not generate income from the Services or Platform or use the Services for the development, production or marketing of a service or product substantially similar to the Services.

4. END USER ACCOUNTS.

4.1. To use the Platform, you must create an End User account in accordance with the Order Form and Platform instructions. If you are a Customer User, you must register and create a Customer User account that is associated with a Customer account. Each End User account is associated with a single email address. You may not create more than one End User account or use another End User’s account. If you do not wish to provide the information required to create an End User account, you can cancel account creation by closing the web browser window, and the information you entered will not be retained on the Platform.

4.2. You must provide true and complete information when creating your End User account, and must update your account information as necessary to keep it current, true, and complete. You may not use the Platform if your account information is not current, true, and complete.

4.3. You are responsible for ensuring the security and confidentiality of your username and password (“Credentials”). OneNotary will not independently verify the identify of any individual using your Credentials and you are responsible for all activities that occur under your Credentials.

4.4. You must immediately notify OneNotary if you become aware of any security breach concerning the Platform, including use of your account by someone else. OneNotary may disable your account, refuse future use of the Platform to you, and take other commercially reasonable steps to enforce these Terms and protect the integrity of the Platform if you violate these Terms, and/or if your account is used by someone else. OneNotary is not liable for any loss incurred by you due to such actions by us.

4.5. OneNotary is not obligated to monitor activities on the Platform, but may investigate any complaints or violations that come to its attention and may take any (or no) action that it believes is appropriate, including, but not limited to issuing warnings, removing content or terminating accounts and/or End User proﬁles, or employing filters designed to detect and block inappropriate content. Under no circumstances will OneNotary be liable in any way for any data or other content viewed or relied upon while using the Platform, including, but not limited to, any errors or omissions in any such data or content, or any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to any data or content.

5. CONFIDENTIALITY.

5.1. Each party agrees to regard and preserve as conﬁdential all non-public information provided by the other party relating to the business, systems, operations, strategic plans, clients, pricing (including, but not limited to, the pricing terms herein), methods, processes, ﬁnancial data, programs, and/or products of the other party in any form, that are designated as “conﬁdential,” or a reasonable person knows or reasonably should understand to be conﬁdential (herein “Conﬁdential Information”). OneNotary’s Confidential Information includes (a) any written information, materials and other documents supplied by OneNotary related to the Website, Platform, or Services which is not disclosed publicly, (b) the Platform and Services themselves, excluding any data you upload for processing; and (c) any OneNotary information that is disclosed in writing or orally and is designated as confidential or proprietary at the time of disclosure, or that due to the nature of the information a reasonable person would clearly understand it to be confidential information; and (d) any amendment to the terms and conditions of these Terms. For purposes of the Agreement, your Conﬁdential Information shall include End User Data, and any other information disclosed to OneNotary that is designated as confidential or proprietary at the time of disclosure.

5.2. Conﬁdential Information shall not include any information that: (e) is already rightfully known to the receiving party at the time it is obtained from the disclosing party, free from any obligation to keep such information conﬁdential; (f) is or becomes publicly known or available through no wrongful act of a party; (g) is rightfully received from a third party without restriction and without breach of these TOS; or (h) is developed by a party without the use of any proprietary, non-public information provided by the other party under the Agreement.

5.3. Each party agrees to limit its disclosure of the other party’s Conﬁdential Information to as few persons as possible and only to those persons with a need to know that are its or its Afﬁliates’ personnel and subject to an obligation to keep such information conﬁdential, and to protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) the party utilizes to protect s own Confidential Information of a similar nature. The receiving party agrees to use the disclosing party’s Confidential Information (i) solely for the purpose for which it is provided, and (ii) to protect such Confidential Information from unauthorized use and disclosure to the same extent (but using no less than a reasonable degree of care) that the receiving party uses to protects its own Confidential Information of a similar nature.

5.4. Either party may disclose Conﬁdential Information where required by law, regulation, or court order, provided that the party subject to such law, regulation or court order shall, where permitted, notify the other party of any such use or requirement prior to disclosure in order to afford such other party an opportunity to seek a protective order to prevent or limit disclosure of the information to third parties.

5.5. The conﬁdentiality obligations set forth in this section of the TOS shall remain in effect for a period of ﬁve (5) years from the disclosure of the information.

6. CONTENT AND END USER DATA.

6.1. You are solely responsible for the content (“Content”) and End User Data sent or transmitted by you or displayed or uploaded by you in using the Platform or Services and for compliance with all Laws pertaining to the Content and End User Data, including, but not limited to, Laws requiring you to obtain the consent of a third party to use the Content and to provide appropriate notices of third-party rights.

6.2. You represent and warrant that you have the right to upload the Content and End User Data to the Platform and that such use does not violate or infringe on any rights of any third party. Under no circumstances will OneNotary be liable in any way for any (i) Content or End User Data that is transmitted or viewed while using the Platform or Services, (ii) errors or omissions in the Content or End User data, or (iii) any loss or damage of any kind incurred as a result of the use of, access to, or denial of access to Content or End User data.

6.3. Subject to these Terms, you grant OneNotary a nonexclusive license to use and disclose End User Data and Content for purposes of providing the Patform Services, including to: (a) copy, reproduce, store, distribute, publish, retain, export, adapt, edit, and translate End User Data to operate the Platform and provide the Services; (b) provide End User Data to service providers as part of the Services, including to verify your identity; (c) provide access to or share such information with other parties or participants to a Transaction; (d) capture and store data related to End User’s account, Transactions, and other Services provided to End User; (e) transmit or display End User Data or Content to other parties during Transactions, or to those with appropriate authority, or to other third parties as provided by relevant agreements or applicable law; (f) meet any notary journal, recording or recordkeeping requirements, applicable to a Notary or OneNotary, as dictated by applicable law, and to use and disclose the notary journal and recordings as permitted by applicable law; (g) to comply with a law enforcement or regulatory agency request, provided such request is lawful and authorized pursuant to a judicial or administrative order, subpoena, or otherwise permitted by law; (h) to the extent reasonably required for the performance of OneNotary’s obligations and the exercise of OneNotary’s rights under these Terms; (i) comply with requests from the Secretary of State, Department of State, or other state agency that regulates notaries; (j) disclose such information upon a valid request of a participant or Customer having invited you to join the Transaction; and (k) other third parties solely for purposes of performing, effectuating, servicing or otherwise managing the Transaction.

6.4. OneNotary may delete any End User Data or Content, at any time without notice to you, if OneNotary becomes aware that it violates any provision of these Terms, or any law. You retain copyright and any other rights you already hold in End User Data or Content which you submit, post or display on or through, the Platform or the Services. End User agrees that OneNotary may collect, compile, analyze and otherwise use de-identified statistical data related to use of the Platform and Services. Further information on how OneNotary processes personal data may be found [here].

7. SIGNER AND PARTICIPANT ACKNOWLEDGEMENT AND CONSENT

7.1. Signers that are physically located outside the United States at the time of signing a document as part of a Transaction represent and warrant that:

7.1.1. You have informed the Notary conducting your Transaction about your physical location and that such location is outside the United States;

7.1.2. It is not illegal or prohibited in the location where you are physically located for you and the Notary to perform the requested notarial act or sign the document; and

7.1.3. The document or Transaction is to be filed with, or pertains to a matter before, a court, governmental entity, public official, or other entity located in the territorial jurisdiction of the United States or involves property located in the territorial jurisdiction of the United States or the Transaction is substantially connected with the United States.

7.2. If you are a Signer or a Other Participant, you consent to OneNotary or its service providers (including a Notary) to contact you regarding any Transaction in which you participated, or for other purposes arising from your use of the Platform, at any email address you provide or at any telephone number you provide (including any mobile number, or any number that is converted into a mobile number). Such contact may include the use of an autodialer, an artificial voice call, or such other automated technologies as OneNotary may utilize in its discretion. While you may revoke your consent for us or our service providers to call you using an autodialer and/or an artificial voice call, you may not revoke your consent for us or our service providers to email you or to call you via any telephone that does not constitute an “automatic telephone dialing system” under the Telephone Consumer Protection Act.

7.3. You agree that, in addition to the Notary, other parties, such as other Signers or Other Participants, may participate in your Transaction. You may cancel or close the Transaction if you do not want to continue or you believe that any other person is not allowed to participate. By participating as a Notary, Signer or Other Participant in a Transaction on the Platform, you acknowledge and agree that you consent to the participation in the Session by all participants shown in the audio-video feeds displayed on the Platform, including the Notary and other Signers and Other Participants, and you desire the notarial act to be performed by the Notary conducting the Session and under the Notarial Law of the Notary’s state, jurisdiction or territory of commission.

8. ELIGIBILITY. You may use the Platform only in connection with a RON. You must be over 18 to use the Platform. Your access may be terminated without warning if OneNotary believes that you are under the age of 18 or are otherwise ineligible.

9. IDENTITY VERIFICATION. You may be asked to verify your identity and identification credential before being able to proceed with use of the Platform or participation in a Transaction. Identity verification may include knowledge-based authentication (“KBA”), liveness or other virtual identification verification methods and analysis of your identification credential, which may be considered biometric data in some jurisdictions. OneNotary uses third-party service providers to provide such services and such data collection is performed in accordance with OneNotary’s privacy policy and the privacy policies of such third-party service providers. OneNotary is not liable nor responsible for the information or processes used by service providers to verify your identity or identification credential. The service providers may use or rely on information that is inaccurate, out-of-date, or have errors that may lead to incorrect results. By proceeding with identity verification or credential analysis, you acknowledge and agree that OneNotary is not accountable, liable, or responsible in any way if the results are inaccurate, including (i) if you are prevented from proceeding with the OneNotary service because the service provider could not verify your identity or identification credential and (ii) if the service provider incorrectly verifies a Signer’s or Other Participant’s identity or identification credential and allows them to proceed with the Transaction.

10. CHARGES AND CANCELLATION.

10.1. You agree that OneNotary may charge to your credit card or other payment mechanism selected by you and approved by OneNotary (“Your Account”) all amounts due and owing for the Services and use of Platform. All payments made by you under these Terms will be made free and clear of any deduction or withholding, as may be required by law.

10.2. In some cases, a Notary may directly invite a Signer or Other Participant to the Platform. In such case, the Notary may determine the fee charged to the Signer(s) or Other Participant(s), subject to applicable law. In these circumstances, the Notary, the Signer(s), and the Other Participant(s), as applicable, authorize(s) OneNotary to collect the applicable fee on the Notary’s behalf in accordance with these Terms. OneNotary will retain a portion of the Notary’s fee as compensation for the Notary’s use of the Platform.

10.3. All End User payments are exclusive of federal, state, local, and foreign taxes, duties, tariffs, levies, withholdings, and similar assessments (including sales, use, and value added taxes), and End Users are responsible for the payment of all such charges, excluding taxes based on OneNotary’s income. If any such charges or taxes are required on any payment, you will pay such additional amounts as are necessary so that the net amount received by OneNotary is equal to the amount then due and payable under the Order Form and these Terms. OneNotary will provide you with such tax forms as are reasonably requested in order to reduce or eliminate the amount of any withholding or deduction for taxes in respect of payments made under these Terms.

10.4. OneNotary may change prices at any time, including charging for any components of the Platform or Services that were previously offered free of charge; provided, however, that OneNotary will provide you with prior notice and an opportunity to terminate Your Account if OneNotary changes the price of a Service to which you are subscribed and will not charge you for a previously free Service unless you have been notiﬁed of the applicable fees and agreed to pay such fees. You agree that in the event OneNotary is unable to collect the fees owed for the Services through Your Account, OneNotary may take any other steps it deems necessary to collect such fees from you and that you will be responsible for all costs and expenses incurred by OneNotary in connection with such collection activity, including collection fees, court costs and attorneys’ fees. You further agree that OneNotary may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any amounts not paid when due.

10.5 In the event that: (a) your identity cannot be confirmed; (b) you are unable or unwilling to complete the process to properly notarize your document; or (c) the Notary determines, in the Notary’s sole discretion, not to proceed with the notarial process, then you will not be required to pay for that transaction or, in the case of a Subscription Plan, such incomplete transaction will not count towards your allocated subscription totals, and your session will be terminated. In the event your notarized document is rejected, declined or refused, then OneNotary will work with you to find an acceptable resolution in accordance with its Refund Policy.

11. TERMINATION.

11.1. Except for Subscribers, you may terminate these Terms and use of the Platform or Services at any time, and for any reason, by providing notice to support@onenotary.us and following the provided instructions upon OneNotary’s receipt. OneNotary may terminate these Terms immediately and retain any fees previously paid if End User violates the terms of these Terms. OneNotary may also terminate the Agreement if it reasonably determines that continuing to provide Services to End User would violate applicable law.

11.2. Upon termination of an Order Form, (a) all Services and access to Platform, including Services or Platform access furnished under an applicable Subscription Plan, automatically terminate, and (b) any amounts owed to OneNotary are immediately payable.

12. PROPRIETARY RIGHTS. OneNotary and/or its suppliers, as applicable, retain exclusive ownership of all right, title, and interest in and to the Platform, including ownership of all intellectual property rights and activation codes, license keys, and registration information pertaining thereto. End Users only have the rights that are expressly granted under these Terms. End Users rights with respect to the Platform are a limited, non-exclusive, non-sublicensable, revocable license. End Users rights with respect to the Platform are non-assignable, except as may be expressly permitted by OneNotary in writing. OneNotary may assign its rights with respect to the Platform at its discretion. The provisions of these Terms also apply to any assignee. End User’s rights with respect to the Platform end automatically if End User breaches a provision of these Terms. OneNotary’s name, logos, icons, and other trademarks may be used only with written permission. Other trademarks are displayed on the Platform for referential purposes only and are not intended to suggest or imply any affiliation with or endorsement by their respective owners.

13. CONSENT PURSUANT TO ESIGN ACT. By entering into these Terms or using the Platform or Services, you (a) affirmatively consent to conduct Transactions electronically and to receive information and disclosures in electronic form and (b) agree to create or adopt and use an electronic signature to sign all Documents requiring End User’s signature or initials. You acknowledge and agree that your electronic signature and initials on a document are as valid and legally binding on you as your pen and ink signature and initials. You may have the right to receive disclosures on paper instead of electronically, but End Users who wish to receive paper disclosures should not agree to the terms of these Terms or participate in Transactions on the Platform. This consent applies to all your transactions and records on the Platform. You accept that there is no option to have any records through Platform provided or made available on paper or in non-electronic form.

14. ELECTRONIC RECORD OF ONLINE NOTARIZATIONS.

14.1. The Platform creates and stores an electronic record of online notarizations, including a recording of the video and audio conference between the End User and the Notary. The electronic record also includes some or all of the following: (a) the date and time of the online notarization; (b) the type of notarial act; (c) the type, the title, or a description of the electronic document or proceeding; (d) the name and address of each End User involved in the transaction or proceeding; (e) evidence of identity of each End User involved in the transaction or proceeding in the form of (i) a statement that the person is personally known to the Notary or (ii) a record of the identity proofing and credential analysis; (f) the date of issuance and expiration for certain identification credentials; (g) the fee charged for the online notarization; and/or (h) such additional information as may be required by state-specific laws applicable to online notarizations.

14.2. As Signer or Other Participant, you acknowledge that the electronic record of the RONs are being stored by OneNotary on behalf of Notary (or a designated custodian of Notary) for the term of these Terms. You expressly consent to such storage.

14.3. The electronic record of each online notarization, including the notary journal, is stored on the Platform, as well as in a backup, for such time as is required by state-specific laws applicable to the Services and Platform (“Required Retention Period”) or until the applicable Notary is no longer an End User. OneNotary will provide copies or access to the electronic records for each online notarization during the Required Retention Period or term of these Terms in accordance with notarial or other applicable law.

14.4. The notarized documents are retained and stored on the Platform for seven (7) days following the completion of the notarization session. You are responsible for downloading the notarized documents within such time period and, unless otherwise agreed in writing by OneNotary, OneNotary is not responsible for the continuing retention or storage of such documents following that time period.

14.5. In the event a Subscriber terminates these Terms, Subscriber will have ninety (90) days after the effective date of termination to extract any Content or End User Data stored on the Platform. Outside of any records OneNotary must continue to retain pursuant to applicable law, OneNotary will promptly delete all other Subscriber data, records, or other information from the Platform after such ninety (90) day period.

14.6. You give OneNotary permission to record, copy, format, edit, store, and delete the information included in the electronic record of online notarizations, and to record, copy, format, edit, store, and delete the recording of the video and audio conference, in the course of the operation of the Platform.

15. INJUNCTIVE RELIEF. You acknowledge that any use of the Platform contrary to these Terms, or any transfer, sublicensing, copying or disclosure of technical information or materials related to the Platform, may cause irreparable injury to OneNotary, its Afﬁliates, suppliers and any other party authorized by OneNotary to resell, distribute, or promote the Platform (“Resellers”), and under such circumstances OneNotary, its Afﬁliates, suppliers and Resellers will be entitled to equitable relief, without posting bond or other security, including, but not limited to, preliminary and permanent injunctive relief.

16. SUBSCRIBERS.

16.1. The Term of a Subscription Plan begins on the date reflected in the Order Form and remains in effect for the Subscription period listed in the Order Form. Unless otherwise stated in the Order Form, all Subscription Plans auto-renew for successive 12-month periods unless either party provides written notice of termination at least 30 days prior to the end of the current Subscription period. All fees associated with a Subscription Plan (“Subscription Fees”) are non-refundable unless otherwise stated in the Order Form.

16.2. Subscriber will pay the Subscription Fees described in the Order Form, which accrue beginning on the date listed in the Order Form. Any other applicable Services or other costs not included in the Subscription Fees shall be paid in accordance with the other terms of these Terms or the Order Form. If Subscriber chooses automatic payment, Subscription Fees are charged automatically via Subscriber’s chosen payment method (provided it is accepted through the Platform) and in accordance with the terms of the Order Form. Subscriber authorizes OneNotary or its agent or vendor (such as Stripe) to charge Subscriber’s account on a recurring basis for all Subscription Plan fees, applicable taxes, and any other recurring charges incurred in connection with Subscriber’s use of the Services and Platform. In the absence of other payment terms included in the Subscription Order Form, Subscriber will pay invoices (a) in full, (b) in US Dollars, and (c) within 30 days of receipt to an account specified by OneNotary.

16.3. Upon termination of an Order Form, all Subscription Plans under that Order Form automatically terminate. On termination of a Subscription Plan, (a) any amounts owed to OneNotary under the Subscription Plan (including unpaid periodic Fees) are immediately payable, and (b) Subscriber’s rights to access and use the Services granted under the Subscription Plan immediately terminate.

17. WHITE LABEL SOLUTION.

17.1. Where a White Label Solution is requested, you authorize OneNotary to place, deploy, oversee and manage the White Label Solution. Client acknowledges and agrees that it is subject to and shall abide by any agreements or separate terms and conditions that are necessary for the placement of the White Label Solution. The violation of the terms of any such agreements by Client will be deemed to be a violation of this Agreement.

17.2. Subject to the terms and conditions of this Agreement, Client may grant its end users access to the White Label Solution. Client may not permit its end users to use the White Label Solution for purposes unrelated to supporting Client’s own offerings.

17.3. Following completion of the development, customization, and deployment of the White Label Solution, unless otherwise agreed to in writing by both parties, Client is responsible for hosting the White Label Solution. Unless otherwise agreed to by OneNotary in writing, One Notary does not warrant that:

17.3.1. the Client’s use of the White Label Solution will be uninterrupted or error-free;

17.3.2. the White Label Solution, or the information obtained by the Client or Client’s end users through the White Label Solution, will meet the Client’s or the Client’s end user’s requirements; or

17.3.3. the White Label Solution will be free from vulnerabilities.

17.4. A Client shall use commercially reasonable efforts to ensure that all information and/or access OneNotary may reasonably request in order to provide the White Label Solution is provided in a timely manner, in usable form, and is accurate and complete to the best of Client’s knowledge. Client shall also ensure that the Client’s end users use the White Label Solution in accordance with these ToS and shall be responsible for any breach of these ToS caused or contributed to by any acts or omissions on the part of any Client end user.

17.5. Client is solely responsible for complying with any legal or regulatory obligations of the Client’s business, use of the White Label Solution, and Client’s provision of services, products, or other offerings to its end users. In requesting and obtaining the White Label Solution, Client is solely responsible for its marketing, advertising, pricing, and delivery of the services it provides to Client end users that contain or include any White Label Solution. OneNotary shall have no liability for any of Client’s services and Client shall indemnify and hold harmless OneNotary from all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising directly or indirectly from, or in any way connected with, Client’s services or use of the White Label Solution.

17.6. As between the parties, Client shall be responsible for responding to all third-party requests concerning the use of the White Label Solution by the Client or Client’s end user.

18. DISCLAIMER. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONENOTARY PROVIDES THE PLATFORM “AS-IS,” AND DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTY THAT THE PLATFORM WILL BE “ERROR FREE” OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT SERVERS USED BY THE PLATFORM ARE FREE OF VIRUSES OR OTHER MALICIOUS SOFTWARE. END USER ASSUMES TOTAL RESPONSIBILITY AND RISK FOR END USER’S USE OF THE PLATFORM. ONENOTARY DOES NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIMS, THAT (I) ANY NOTARY WILL AGREE TO PERFORM RON FOR ANY SPECIFIC TRANSACTION OR, IF AGREED, WILL SUCCESSFULLY COMPLETE A RON SESSION; (II) ANY SIGNER WILL PROCEED WITH THE TRANSACTION ELECTRONICALLY; (III) ANY THIRD PARTY WILL ACCEPT ELECTRONIC DOCUMENTS NOTARIZED OR ELECTRONICALLY SIGNED THROUGH THE PLATFORM; AND (IV) ANY COURT, REGULATOR, OR OTHER COMPETENT AUTHORITY WILL RECOGNIZE ELECTRONIC DOCUMENTS NOTARIZED OR ELECTRONICALLY SIGNED THROUGH THE PLATFORM AS VALID OR ENFORCEABLE. ONENOTARY DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES MEETS THE REQUIREMENTS OF APPLICABLE NOTARIAL LAW WITH RESPECT TO ANY PARTICULAR STATE, JURISDICTION OR TERRITORY.

19. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONENOTARY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, LOSS OF PROFITS, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR LOSS OF DATA ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, END USER’S USE OF, OR INABILITY TO USE, THE PLATFORM, EVEN IF ONENOTARY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR SUCH DAMAGES ARE FORESEEABLE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ONENOTARY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR THE CONTENT OF ANY DOCUMENT AVAILABLE THROUGH THE PLATFORM (INCLUDING CLAIMS OF INFRINGEMENT RELATING TO THAT CONTENT), FOR END USER’S USE OF THE PLATFORM, OR FOR THE CONDUCT OF OTHERS ON THE PLATFORM. ONENOTARY’S MAXIMUM AGGREGATE LIABILITY FOR AN END USER’S LOSSES OR DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, END USER’S USE OF, OR INABILITY TO USE, THE PLATFORM IS LIMITED TO THE RETURN BY ONENOTARY TO END USER OF THE AMOUNT END USER PAID FOR USING THE PLATFORM OR RECEIVING THE SERVICES.

20. INDEMNIFICATION. End User agrees to release, indemnify, and defend OneNotary, its employees, officers, directors, affiliates, and agents from and against any and all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising directly or indirectly from, or in any way connected with, End User’s use of the Platform and/or End User’s breach of any provision of these Terms. OneNotary will promptly notify End User of any such claim and will provide End User, at End User’s expense, with reasonable assistance in defending the claim. End User will allow OneNotary to participate in the defense and will not settle any such claim without OneNotary’s prior written consent. OneNotary reserves the right, at its expense, to assume the exclusive defense of any matter otherwise subject to indemnification by End User. In that event, End User will have no further obligation to defend OneNotary in that matter.

21.ARBITRATION; CLASS ACTION WAIVER; JURY TRIAL WAIVER AND GOVERNING LAW.

21.1. Except for the option to litigate in a small claims court, any controversy or claim arising out of or relating to End User’s use of the Platform, the price of the Services or Platform, End User’s account, OneNotary’s advertising, marketing, or communications, End User’s purchase transaction or billing, or any term of these Terms, under any legal theory including contract, warranty, tort, statute, or regulation, or the breach thereof, shall be settled on an individual basis by arbitration administered by the American Arbitration Association in accordance with its Consumer Arbitration Rules and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

21.2. The Consumer Arbitration Rules (“Rules”) are made a part of this Section 19, except for any changes to the Rules made by this provision. More complete information regarding arbitration procedures and arbitrator rosters, including a copy of the Rules and the means by which disputes can be submitted to arbitration, is available on the American Arbitration Association’s (“AAA”) website at adr.org/consumer, or by calling them at (800) 778-7879. THE PARTIES EACH WAIVE THEIR RIGHT TO FILE OR PARTICIPATE IN ANY CLASS ACTION, CLASS-WIDE ARBITRATION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER PROCEEDING WHERE SOMEONE ACTS IN A REPRESENTATIVE CAPACITY, AND AGREE THAT ANY PROCEEDING WILL BE CONDUCTED IN THEIR RESPECTIVE INDIVIDUAL CAPACITIES.

21.3. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Section 19 and all subparts, including any claim that all or any part of this provision is void or voidable. The arbitrator shall also be responsible for determining all threshold arbitrability issues, including issues relating to whether these Terms of Service are unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, or estoppel. The arbitrator may award declaratory or injunctive relief only in favor of the claimant, and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The arbitrator’s decision shall be final and binding on the Parties. The arbitrator’s decision and judgment thereon shall have no precedential or collateral estoppel effect. Arbitration hearings will take place in the federal judicial district of your primary business location or residence.

21.4. The Parties retain the right to seek relief in a small claims court for a dispute within the scope of its jurisdiction. More complete information regarding procedures of a specific small claims court, including the means by which disputes can be submitted to the small claims court, is typically available online, or by calling the specific small claims court. The Parties agree and acknowledge that this Arbitration and Class Action Waiver provision evidences a transaction involving interstate commerce, and that the Federal Arbitration Act governs the interpretation and enforcement of this provision and proceedings pursuant thereto. It is the Parties’ intent that the Federal Arbitration Act and the AAA Rules shall preempt all state laws to the fullest extent permitted by law.

21.5. An arbitration claim must be filed within one year after the cause of action arises, unless applicable law provides for a shorter time.

21.6. THE PARTIES EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND ACKNOWLEDGE THAT THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. The parties agree that any question, conflict, requirement, interpretation, or disagreement related to notarizations or e-signatures (including validity) are governed by the laws of the Notary’s commissioning jurisdiction applicable to authorization, performance, or validity of traditional or remote online notarizations and the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq. (“ESIGN Act”), without regard to its conflicts of law provisions. Otherwise, the Agreement is governed by the laws of the State of Delaware, without regard to its conflicts of law provisions.

22. No Legal Advice. OneNotary does not provide legal services. The Platform is not legal advice, is for informational purposes only, and is not a substitute for legal counsel.

23. Submissions. You are requested not to submit to OneNotary any suggestions, comments, feedback, ideas, or other information about the Platform (“Submissions”) for which you expect to be compensated. If you do make such Submissions, they become our sole property without any compensation to you and are not confidential. You acknowledge that the exclusive ownership of all right, title, and interest in and to the Submissions, including ownership of all intellectual property rights pertaining thereto, belongs to OneNotary, and that you waive any moral rights to the Submissions.

24. Consent to Text (SMS) Messaging. To facilitate End User’s use of the Services and Platform, OneNotary and those acting on its behalf may send you text (SMS) messages at the phone number you provide us. Your use of the Services and Platform constitutes your consent to receive these text messages. OneNotary may send you an initial text message confirming your consent to receive these text messages and that will allow you to opt-out if you no longer wish to receive these text messages. If you opt-out, you may continue to receive text messages for a short period while OneNotary processes your request, and you will also receive a one-time text message confirming receipt of your request. OneNotary does not charge for the SMS Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

25. PRIVACY. Use of the Platform is also subject to OneNotary’s Privacy Statement available [here].

26. MISCELLANEOUS

26.1. Failure by either Party to exercise any of its rights under, or to enforce any provision of, these Terms will not be deemed a waiver or forfeiture of such rights or ability to enforce such provision. If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision will be amended to achieve as nearly as possible the same economic effect of the original provision and the remainder of these Terms will remain in full force and effect.

27.2. These Terms are for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing in these Terms is intended to confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever.

27.3. Any provision that should survive termination of these Terms to fulfill its essential purpose, will survive, including but not limited to the sections addressing Proprietary Rights, Consent Pursuant to ESIGN Act, Electronic Record of Online Notarizations, Limitation of Liability, Indemnification, Arbitration and Class Action Waiver, as well as Schedule 1 and Schedule 2.

27.4. No joint venture, partnership, employment, or agency relationship exists between the Parties as a result of these Terms or your use of the Platform.

27.5. These Terms embodies the entire understanding and agreement between the Parties respecting the subject matter of these Terms and supersedes any and all prior understandings and agreements between the Parties respecting such subject matter, except that if you or your company have executed a separate written agreement or you have signed an Order Form referencing a separate agreement governing your use of the Services or Platform, then such agreement shall control to the extent that any provision of these Terms conﬂicts with the terms of such agreement.

27.6. OneNotary may elect to change or supplement the terms of these Terms from time to time at its sole discretion. OneNotary will exercise commercially reasonable business efforts to provide notice to you of any material changes to these Terms. Within ten (10) business days of posting changes to these Terms (or ten (10) business days from the date of notice, if such is provided), they will be binding on you. If you do not agree with the changes, you should discontinue using the Services. If you continue using the Services after such ten-business-day period, you will be deemed to have accepted the changes to the terms of these Terms. In order to participate in certain Services, you may be notiﬁed that you are required to download software and/or agree to additional terms and conditions. Unless expressly set forth in such additional terms and conditions, those additional terms are hereby incorporated into these Terms. these Terms has been prepared in the English Language and such version shall be controlling in all respects and any non-English version of these Terms is solely for accommodation purposes.

SCHEDULE 1 – CUSTOMER USERS

1.Customer User Accounts. Customer Users, including any Customer Users serving as a Notary, must comply with the requirements of this Schedule.

1.1. A Customer User represents and warrants to have all rights and authority necessary to (a) act on behalf of the Customer and bind the Customer to these Terms, (b) access and use the Platform and Services, and (c) provide, access, transmit, and use End User Data as contemplated in the Agreement.

1.2. OneNotary may provide the Customer with the ability to access, use, remove, retain, and control Customer Users’ Credentials and related Customer User Data.

1.3. Customer User’s access to the Platform and Services is governed by the Customer’s agreement with OneNotary, including any Order Form.

1.4. OneNotary may provide a Customer User’s personal information to the Customer. If any Customer User accesses Services on behalf of multiple Customers, OneNotary is not responsible for Customer User’s compliance with conflicting obligations it may have among those Customers.

1.5. A Customer User operating as a Notary acknowledges that Customer is responsible for the administration of Notary user profiles associated with such Customer’s Account.

2. Customer Responsibilities. Customer is responsible for all use of the OneNotary Platform associated with its account. Customer is solely responsible for maintaining the confidentiality of their account Credentials. Customer agrees to immediately notify OneNotary of any unauthorized use of Customer’s account of which it becomes aware. Customer agrees that OneNotary will not be liable for any losses incurred as a result of a third party’s use of its account, regardless of whether such use is with or without its knowledge and consent. Customer will use the OneNotary Platform and Services for lawful purposes only and subject to these Terms.

3. License and Restrictions.

3.1. Upon your acceptance of these Terms, OneNotary provides Customer with a limited, non-exclusive and non-transferable license to access and use the Site and the Platform for your internal business purposes and only as expressly permitted in these Terms and any applicable Subscription Plan. If you are or become a direct competitor of OneNotary, you may not access or use OneNotary’s Services without OneNotary’s explicit, advance, written consent, and then only for the purposes authorized in writing. Except as otherwise restricted by these Terms, OneNotary grants you permission on a non-exclusive, non-transferable, limited basis to display, copy, and download content and materials on the Website provided that you: (a) retain all copyright and other proprietary notices on the content and materials; (b) use them solely for personal or internal, non-commercial use or in accordance with any applicable Subscription Plan; and (c) do not modify them in any way other than permitted by mandatory law. Each discrete Subscription Plan includes restrictions and requirements that outline the features that Customer will be able to access. This section shall survive expiration or termination of these Terms.

3.2. Customer and Customer Users shall not:

3.2.1. Use the Services or allow access to them in a manner that circumvents contractual usage restrictions or that exceeds authorized use or usage metrics set forth in the Agreement or any Subscription Plan;

3.2.2. License, sub-license, sell, re-sell, rent, lease, transfer, distribute or time share or otherwise make any portion of OneNotary’s Platform or Services available for access by third parties except as otherwise expressly provided in these Terms;

3.2.3. Use the OneNotary Services for benchmarking or to compile information for a product or service;or

3.2.4. Access or use the OneNotary Platform or Services for the purpose of: (i) developing or operating products or services intended to be offered to third parties in competition with the OneNotary Platform or Services; or (ii) allowing access to Customer’s account by a direct competitor of OneNotary.

4. Indemnification. This indemnification provision shall apply in addition to all other indemnification provisions applicable to Customer in these Terms. Customer will defend, indemnify, and hold harmless OneNotary, its subsidiaries, affiliates, successors and assigns, and each of their respective employees, officers, directors, and representatives from and against any and all losses, liabilities, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees, experts’ fees and court costs), arising out of or relating to any claim concerning: (a) any gross negligence or willful misconduct of Customer; (b) Customer’s breach of these Terms; (c) any unauthorized use or possession of Content or End User Data; (d) performance of a Customer User Notary’s notarial services; or (e) Customer’s violation of applicable law.

SCHEDULE 2 – NOTARY END USERS

1.Notary Accounts.

1.1. This Notary Supplement applies to Notary End Users who access or use the Platform to provide Notarizations or other services in any capacity.

1.2. When a Notary creates an account, the Notary must upload to the Platform the Notary’s digital certificate and seal, a photograph for the online profile, notarial certificate forms, and other information as may be reasonably requested by OneNotary or required by applicable law.

1.3. By creating a Notary profile, Notary certifies that (i) all information Notary provides is accurate, including name, email address, and any other information that is requested from Notary; and (ii) that the user profile was created by Notary for legitimate purposes and not to commit fraud. Notary further agrees to update their user profile information when necessary, including and not limited to renewals of the Notary commission.

1.4. In addition to the general Credential requirements above, Notary agrees to maintain their username and password in confidence and not disclose it to unauthorized persons. Notary agrees to notify OneNotary of any unauthorized use, including suspected unauthorized use, of the Notary’s Credentials or user profile. Notary will use best efforts to ensure that no unauthorized person may gain access to the Platform using Notary’s Credentials or user profile, including, without limitation, using commercially reasonable security measures relating to user profile access.

2. Relationship. Notary acknowledges that Notary is providing notarizations for and on behalf of End Users requesting Notary services. Nothing in these Terms constitutes an employment agreement or otherwise creates an employment relationship between Notary End User and OneNotary. This Section does not affect any express written employment agreement or independent contractor agreement validly executed between Notary and OneNotary.

3. Responsibilities. Notary must comply with the following responsibilities:

3.1. if required by applicable notarial law(s), Notary must notify the applicable commissioning agency that Notary selected OneNotary to perform RONs;

3.2. provide to the state commissioning agency, if required by notarial law, a visual rendering of your configured electronic signature and Platform-generated notarial seal intended for use on OneNotary, and confirm that Notary’s electronic signature and notarial seal fully comply with the requirements of applicable notarial law;

3.3. have sufficient information and training to successfully use OneNotary to conduct RON Transactions, to verify the identities of Signers, and to create, store and maintain the electronic records of the Transaction, including the notary journal in compliance with applicable notarial law;

3.4. ensure that any digital certificate supplied or obtained by you and provided for use on OneNotary is current, valid and has not been revoked or suspended by the issuing certification authority, and conforms to the X.509 certificate standard;

3.5. ensure that your notary journal includes all information and data required by applicable notarial law for each Transaction conducted by you on OneNotary Platform;

3.6. ensure that the recording of a RON Session includes all actions, statements and declarations required to be made or taken by you or any Signer under applicable notarial law;

3.7. unless otherwise required under applicable notarial law, respond to requests for access to any, and distribute copies, of the recordings or notary journal entries as permitted or required under applicable notarial law, and you will not allow access to the notary journal or any recordings by any third party except as permitted by applicable notarial law;

3.8. create and maintain a backup of the notary journal and all recordings if such backup is required by applicable notarial law;

3.9. export the journal and all recordings upon any termination, expiration or revocation of your authorization to use OneNotary Platform or Services;

3.10. ensure that the notarial act you are requested to perform on OneNotary is permitted to be performed as RON under applicable notarial law, and that the electronic document or Transaction you are requested to notarize on OneNotary Platform is permitted to be notarized using RON under applicable notarial law;

3.11. to terminate any Transaction using functionality available in OneNotary if, for any reason, you do not believe that you can perform a RON notarial act for any Signer or with respect to any electronic document in accordance with applicable notarial law.

4. Compliance.

4.1. Notary must at all times comply with OneNotary’s rules and policies to ensure legal and regulatory compliance of the Platform and the integrity of the notarial acts completed on the Platform. Notary End User will ensure the information on the Notary End User’s profile is accurate and complete at all times.

4.2. Notary agrees that, except upon the written consent of the Signer or Other Participant to which the End User Data relates, Notary shall not sell, offer for sale, use, or transfer to another person End User Data for any purpose other than: (a) as required to perform the notarial act and to meet the requirements of applicable notarial law; (b) as necessary to effect, administer, enforce, service, or process the transaction for which the personally identifiable information was provided; or (c) in response to a court order, subpoena, or other legal process compelling disclosure.

4.3. Notary End User will provide documentation to OneNotary as requested in its sole discretion that is sufficient to establish:

4.3.1. Notary End User’s authorization to perform remote online notarizations;

4.3.2. Proof of E&O insurance in accordance with industry standard policy limits satisfactory to OneNotary;

4.3.4. Completion of any required or necessary training courses; and

4.3.5. Compliance with such other requests OneNotary may reasonably require to ensure that Notary End User is acting in compliance with applicable law or notarial industry standards.

4.4. Notary End User is only permitted to perform notarizations through the Platform if and while Notary End User: (a) is authorized by the applicable commissioning jurisdiction to perform remote online notarizations; (b) has a valid digital certificate compliant with applicable law; and (c) is physically located within the territorial limits of the commissioning jurisdiction.

4.5. Notary will perform all notarizations in accordance with applicable law. Notary is responsible for ensuring that all Transactions Notary conducts through the Platform are completed in accordance with applicable law, including the use of all audio-video communication technology.

4.6. Notary designates OneNotary to store the Notary journal and recordings for Transactions conducted by Notary during the of these Terms. If Notary is a Customer User, Notary further consents to OneNotary providing a copy of such journal and recordings to Customer after any termination of Notary’s employment or engagement. OneNotary does not serve as legal custodian for the journal or the recordings in providing storage services and assumes no fiduciary duties to Notary or to Customer under these Terms. Notary is responsible for maintaining their records in accordance with applicable law.

4.7. If Notary becomes the subject of an administrative inquiry, disciplinary proceeding or other legal action alleging a violation of notarial law or professional misconduct, Notary shall provide immediate written notice to OneNotary and will provide such other follow-up information as OneNotary may reasonably request. If Notary’s commission is suspended or revoked for any reason, then Notary shall provide written notice to OneNotary and stop providing notarization services on the Platform until the Notary’s commission is fully reinstated.

4.8. If you are a Notary Customer User, you consent to Customer being provided with read-only access to the notary journal, and with view-only access to the recordings, at all times during the Term, and you expressly consent to OneNotary providing Customer with a read-only copy of the journal and recordings upon Customer’s request.

5. Indemnification. This indemnification provision shall apply In addition to all other indemnification provisions applicable to Notary in these Terms. Notary will defend, indemnify, and hold harmless OneNotary, its subsidiaries, affiliates, successors and assigns, and each of their respective employees, officers, directors, and representatives from and against any and all losses, liabilities, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees, experts’ fees and court costs), arising out of or relating to any claim concerning: (a) any gross negligence or willful misconduct of Notary; (b) Notary’s breach of these Terms; (c) any unauthorized use or possession of Content or End User Data; (d) performance of Notary’s notarial services; or (e) a violation of applicable law.