Terms of Service - NotaryCam

Terms of Service

Welcome to NotaryCam, Inc. (“NotaryCam”). If you are here, you are probably looking to have a document notarized. NotaryCam operates a proprietary technology platform (“Platform”) which provides remote online notarization (“RON”) services in a “software as a service” format. The term “RON Services” will mean the use of the Platform and any remote notary services provided to you by NotaryCam pursuant to these Terms of Use. For corporate clients — these Terms of Use only apply where you do not have a pre-existing contractual agreement in writing to use the RON Services or the Platform.

Should you wish to proceed and obtain RON Services from NotaryCam, please review these terms of use (“Terms” or “TOU”) concerning your use of the RON Services. By accessing or using or downloading any materials from the Site, you agree to follow and be bound by the TOU. If you do not agree with any of these terms and conditions, then do not use NotaryCam’s Platform or the RON Services.

THESE TERMS AND CONDITIONS MAY CHANGE. NotaryCam, Inc. reserves the right to update or modify these TOU at any time without prior notice. Your use of the Site following any such change constitutes your agreement to follow and be bound by the TOU as changed. For this reason, we encourage you to review these TOU whenever you use the RON Services. Although NotaryCam, Inc. attempts to provide accurate information on this website, it does not guarantee 100% accuracy of information at all times and assumes no liability for your reliance on any information. NotaryCam may change the Services or prices mentioned at any time without notice.

WHAT TO EXPECT DURING THE REMOTE ONLINE NOTARIZATION PROCESS. Remote online notarization of your document(s) may include one or more of the following steps:

you provide requested biographical information (this is for your account set up and/or KBA, described below);
you create a unique password;
you respond to a series of questions that allows us to confirm your identity (this is KBA, described below) or your face is scanned (this is biometrics, described more below);
you upload a scanned copy of the document that you wish to notarize;
you follow the instructions on the site to interact with a live notary;
you engage in an on-line, recorded video chat with the notary, during which time he or she will ask questions, review your identification, witness your signature, then provide a notarial seal on the document(s);
you pay the required fee; and
you download the notarized document.

ITEMS TO CONSIDER PRIOR TO USING THE RON SERVICES: Please know that not all documents are suitable for remote online notarization. Certain states do not allow documents like wills or vehicle registrations to be executed electronically or remotely, and not all states may recognize the validity of a remotely-notarized document. Please check with your legal counsel or an attorney to help determine whether the RON Services will suit your needs. NOTARYCAM, INC. AND THE NOTARIES ON OUR PLATFORM DO NOT PROVIDE LEGAL SERVICES OR ADVICE.

A key principle of notarization is verifying a document signer’s identity. When performing notarizations the “traditional” way, being in the same room as the notary and using pens and paper, the notary will review an identification card, like a driver’s license or passport. Because remote online notarization is done through audio-visual technology and electronic means, there are two steps – “credential analysis” and “identity proofing”. Credential analysis is where you hold your identification credential (like a driver’s license or passport) up to a camera or webcam for the Platform’s software to scan, and identity proofing is the process by which we verify that you are the person that your identification credential says that you are. NotaryCam uses “knowledge-based authentication” (or “KBA”) as its primary method of identity proofing (this is where you are asked a series of questions about yourself, such whether or not you lived at a certain address or what type of car you owned in a given year); in some instances, if it’s approved for your transaction, NotaryCam may use a process using biometric data to verify your identity for the identity-proofing process.

You should also know that it is a legal requirement that your signing session with the notary be recorded and maintained for a period of time (under state law).

OK — ARE YOU READY TO HAVE YOUR DOCUMENT(S) NOTARIZED REMOTELY? LET’S GET STARTED (if at any time you have questions about the RON Services or the Platform, you can reach us via e-mail to [email protected] or by telephone at (800) 931-7423):

YOUR RIGHT OF ACCESS TO THE RON SERVICES: In exchange for the payment of applicable fees as well as compliance with these Terms of Use, NotaryCam provides you with access to its Internet-based, remote electronic notarization Platform as well as access to U.S.-based notaries who may notarize your documents through remote online technology. By using the RON Services, you represent to NotaryCam that you are over 18 years of age and can enter into a legally binding contract. NotaryCam maintains the right to refuse service for all lawful reasons.

The notaries engaged by NotaryCam may be employees of NotaryCam, however they are often independent contractors who operate their own business and work for themselves. Certain state and federal laws govern how much NotaryCam can provide direction to independent contractors.

YOUR INFORMATION: In order to access and use the RON Services, we require that you register by providing your name, create a password, and provide certain additional information, which may include (but may not be limited to): your email address, legal name, date of birth, country of residence, zip code, your physical address, telephone number(s), applicable payment data and information. YOU REPRESENT AND WARRANT TO NOTARYCAM THAT ALL INFORMATION YOU SUPPLY TO US IS TRUTHFUL AND ACCURATE, THAT YOU WILL PROMPLTY UPDATE THE INFORMATION IF ANY OF IT CHANGES AFTER YOU HAVE ENTERED IT, AND YOU HAVE THE RIGHT TO PROVIDE THE INFORMATION TO NOTARYCAM. In the event that your identity cannot be confirmed, or you are unable or unwilling to complete the process to properly notarize your document; or the live notary determines, in his or her sole discretion, not to proceed with the notarial process, then you will not be required to pay any fee and your session will be terminated.

By utilizing the RON Services, you understand and agree that information about you and your transaction will be shared with our authorized subcontractors or companies which are part of your transaction for the purpose of processing your transaction, including credit card processing and identity verification vendors. You also understand and agree that, in order for you to fully use the RON Services, NotaryCam or its service providers may communicate with you regarding the services, either through emails, texts, or phone calls. You may also receive periodic e-mail messages from us, and all such e-mails will allow you the opportunity to opt-out from receiving subsequent e-mail messages.

As noted above, you may be providing us with your name, address, and other information which may or may not be publicly available. NotaryCam, Inc. takes the privacy of our customers very seriously. We encourage you to review our complete Privacy Policy here to be informed of how we collect, use and protect your personal information.

NotaryCam uses reasonable efforts to maintain the Platform and provide the RON Services in accordance with industry standards. Please know that the Platform or the RON Services may be temporarily unavailable for scheduled maintenance, or for unscheduled emergency maintenance (either by NotaryCam or by third-party providers, or because of other causes beyond NotaryCam’s reasonable control). NotaryCam shall use reasonable efforts to provide advance written notice of any scheduled service disruption.

NotaryCam uses commercially reasonable measures to maintain the security, availability, and integrity of the Platform and any information uploaded to the Platform or used in the RON Services. These measures are appropriate to the nature of the information and are intended to prevent unauthorized access, disclosure, alteration, or destruction. However, due to the ever-evolving cybersecurity landscape, NotaryCam cannot guarantee that its data security efforts will be 100% successful in thwarting cyberattacks.

You are responsible for maintaining the confidentiality and security of your account credentials (including your password) and for all activities that occur under your account. You agree to immediately notify NotaryCam if you suspect that your password has been stolen or compromised, or of any unauthorized use or suspected breach of security with respect to your account.

YOUR CONSENT: in order to provide you with the RON Services, we need your consent with respect to the following items. Therefore, by agreeing to these Terms of Use and by using the RON Services (and Platform), you:

consent to the recording of your session with the notary (“Session”) and the storing of the Session in accordance with applicable laws or industry requirements;
consent to our collection and processing of your information (including personal information and non-public information) and our use or sharing of it in order to provide you with the RON Services (users outside of the United States understand and consent to the processing of their personal information in the United States);
(if applicable to your identity-proofing process) consent to the collection of biometric information (collectively “biometric data”) by either NotaryCam or its third-party subcontractor engaged for the purpose of biometric identification). NotaryCam will direct its third-party subcontractor to only store your biometric data for the duration of 30 days (please see our Privacy Policy for more information);
(if applicable to your identity-proofing process) consent to having your identity verified through knowledge-based authentication which may require the use of public or non-public data (please see our Privacy Policy for more information); and
consent to use of an electronic signature, which is legally binding and carries the same validity and enforceability as a handwritten signature under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and applicable state laws governing electronic signatures. By providing your consent, you understand that the required hardware to access and retain electronic records is a desktop or laptop computer and a web camera, and the required software is a Chrome or Firefox internet browsers (with cookies enabled) along with an up-to-date PDF viewer (like Adobe Acrobat or similar). Finally, you understand that you may withdraw my consent at any time by emailing NotaryCam at [email protected] and writing “E-Consent Withdrawal” in the subject line of the email. If you do withdraw consent, then all the document(s) (if any) signed before you withdrew your consent will still be valid and effective, however, you will receive paper copies for future signatures. You may also receive paper copies of anything you signed electronically by emailing NotaryCam at [email protected] and including “Request for Paper Copies” in the subject line.

COMPLIANCE AND PROHIBITIONS: By using the RON Services and the Platform, you agree to comply with these Terms of Use and any United States (or foreign) laws applicable to the RON Services and your transaction, including (but not limited to) the Electronic Signatures in Global and National Commerce Act (ESIGN Act), state laws governing electronic signatures, the United States PATRIOT Act, and applicable anti-bribery and anti-money-laundering laws for the United States and your jurisdiction.

In addition, you agree that, while using the Platform and the RON Services, you shall NOT:

(a) provide or upload intentionally inaccurate, incomplete, fraudulent, deceptive information or materials, or information or materials that you do not own, license, or have the right to use;

(b) upload lewd or obscene materials or take any action that is or is likely to be unlawful, harmful, threatening, abusive, tortious, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy or publicity rights, harassing, or profane;

(c) attempt to hack, disable, upload or infect the Platform with viruses worms, spyware, Trojan horse or other computer code, file or program designed to interrupt, impair, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

(e) engage in spamming, flooding, harvesting of email addresses or other personal information, “spidering”, “screen scraping”, “phishing”, “database scraping”, or any other activity with the purposes of obtaining information from the Platform or website; or

(i) modify, reverse engineer, decompile or disassemble any part of or otherwise attempt to derive source code, architecture, structure, or other elements the Platform, or create any derivative works from any part of the Platform or the RON Services, or encourage, assist or authorize any other person to do so.

INTELLECTUAL PROPERTY RIGHTS: You retain all rights, title, and interest to all information, data, documents, etc. that you upload to the Platform in order to use the RON Services, and to the extent required under applicable law, you grant us a license to use all of the aforementioned in order to perform the RON Services or for you to use the Platform.

NotaryCam (or its licensors) retains all right, title, and interest in and the Platform, its technology, software, and this website, and you do not have any intellectual property rights in or to the foregoing (except as otherwise explicitly provided in these Terms of Use). “Intellectual Property” means: (i) patents, patent applications and patent rights; (ii) rights associated with works of authorship, including copyrights, copyright applications, copyright registrations, mask work rights, mask work applications and mask work registrations; (iii) any right relating to the existence or protection of trade secrets and confidential information; (iv) design, implementation, schema structure and know-how related to system architecture and conceptual engineering; (v) any right analogous to those set forth above and any other proprietary rights relating to intangible property and (vi) divisions, continuations, renewals, reissues and extensions of the foregoing now existing, hereafter filed, issued, created or acquired.

If you provide NotaryCam with any Feedback (“Feedback” refers to any suggestion or idea for improving or otherwise modifying any of Provider’s products or services), then you agree that NotaryCam doesn’t need to treat Feedback as confidential or proprietary, and nothing in these Terms of Use or the dealings between you and NotaryCam will prohibit NotaryCam from using, disclosing, publishing, exploit or otherwise profit from the Feedback without crediting or compensating you.

DISCLAIMER; INDEMNIFICATION; LIMITATION OF LIABILITY

NotaryCam is not responsible for the legal interpretation or effectiveness of your documents, any deadlines that you may need to meet, or the timing of the RON Services. In using the Platform or the RON Services, you assume any risk that there may be interruptions which result in the document(s) not being notarized in accordance with your timeframe.

NOTARYCAM DOES NOT WARRANT THAT THE PLATFORM OR THE RON SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY REPRESENTATION, WARRANTY, OR GUARANTEE AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE PLATFORM OR THE RON SERVICES OR THAT THE PLATFORM OR THE RON SERVICES WILL MEET YOUR EXPECTATIONS OR NEEDS. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION, THE SERVICES AND IMPLEMENTATION SERVICES ARE PROVIDED “AS IS” AND NOTARYCAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

To the fullest extent allowed by applicable law, You agree to defend, indemnify and hold harmless NotaryCam and its licensors, employees, contractors, agents, officers and directors, from and against third-party claims, damages, losses, costs or expenses resulting directly from your use or misuse of the Platform or the RON Services (whether negligent, willful, or otherwise), or your breach of these Terms of Use.

NotaryCam agrees to defend, indemnify and hold harmless you from and against third-party claims, damages, losses, costs or expenses resulting directly from NotaryCam’s violation of a third-party’s Intellectual Property rights with respect to the Platform or the RON Services. In order for you to obtain indemnification under this provision, you must provide NotaryCam with prompt written notice of the claim (or threat of the claim); you must give NotaryCam the full and exclusive authority for the conduct of the defense and settlement of the claim (and any subsequent appeal); and you must provide all information and assistance reasonably requested by NotaryCam in connection with the conduct of the defense and settlement of the claim (or any subsequent appeal).

NotaryCam does not have any obligation to indemnify you from third-party claims that the Platform or RON Services infringe a third-party’s intellectual property rights the claim results from (a) any information or documents that you upload to the Platform or use during the RON Services, (b) your breach of these Terms of Use, (c) any use by You of any services, data, software, hardware or materials that you choose to use with the Platform or the RON Services which has not been provided by NotaryCam or expressly approved or recommended to you by NotaryCam.

If NotaryCam reasonably believes that the Platform or the RON Services may become the target of an Intellectual Property infringement claim, then NotaryCam reserves the right to:

Procure your the right to continue using the Platform or the RON Services from the appropriate party;
Replace or modify the Platform or the RON Services to make it non-infringing; or
If neither of the above is reasonably achievable, refund to the your fees paid for Platform or the RON Services.

IN NO EVENT NOTARYCAM OR ITS LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR THE RON SERVICES.

EXCEPT FOR NOTARYCAM’S INDEMNIFICATION OBLGIATIONS SPECIFIED ABOVE, NOTARYCAM’S LIABILITY TO YOU FOR ANY LOSS OR DAMAGES WILL BE THE LESSER OF THE ACTUAL DAMAGES INCURRED BY YOU OR $100.

COPYRIGHT & TRADEMARK RIGHTS: NotaryCam, the NotaryCam logo, this website, and the Platform are all property of NotaryCam, Inc. Other trademarks, product names and NotaryCam names or logos used on this site are the property of their respective owners. All images, graphics, text and other content used in connection with this website and the Platform are protected by trademark, copyright and other proprietary laws and treaty provisions. You may not download (except where invited), reproduce, modify, publish, distribute, transmit, transfer, sell or modify any portion of the website, the Platform, or the RON Services without our express written authorization.

MISCELLANEOUS PROVISIONS (WHICH ARE STILL IMPORTANT AND YOU SHOULD READ THEM):

In any dispute or litigation between you and NotaryCam, these Terms of Use will be construed and interpreted under Delaware law, without regards for any conflicts of laws principles. However, the specific documents or transaction for which you have used the Platform or the RON Services will be governed by the state in which the notary is commissioned.

The failure of NotaryCam to perform its respective obligations under these Terms of Use shall not be deemed a breach of these Terms of Use to the extent that such performance is delayed or prevented in whole or in part by acts of God, fire, floods, storms, explosions, accidents, pandemics, epidemics, war, civil disorder, national emergency or other labor difficulties (including a strike, lockout or other work stoppage), or any law, rule, regulation, order or other action adopted or taken by any federal, state or local government authority or any other cause not reasonably within such party’s control, whether or not specifically mentioned herein, such an event being known as an event of “Force Majeure”.

These Terms of Use are the complete and exclusive statement of the mutual understanding of you and NotaryCam and they supersede and cancel all previous Terms of Use (but do not supersede any signed, written agreement that a company may have negotiated with NotaryCam) and any other written and oral agreements, communications, or other understandings relating to the subject matter of these Terms of Use.

A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to NotaryCam’s Platform or RON Services to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If any provision of these Terms of Use is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of NotaryCam to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

All notices under these Terms of Use will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.

No right or interest in these Terms of Use will be assigned by you or NotaryCam without the prior written permission of the other party, which shall not be unreasonably withheld. Notwithstanding the foregoing to the contrary in these Terms of Use, NotarCam may assign these Terms of Use to any entity that acquires all or substantially all of NotaryCam’s assets (other than in a bankruptcy proceeding) or is the surviving entity in any merger.

No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind NotaryCam in any respect whatsoever.

NotaryCam uses third-party subcontractors, Jumio and Persona, in order to perform identity proofing through biometric data. Their terms and conditions may apply to your transaction, and you can find them here: Persona Terms of Service and jumio-terms-and-conditions-v7.2.v04222024.pdf.