Notary User Supplement
The Notary User Supplement, effective September 27, 2024, outlines that Notary Users providing notarizations via the Platform operate as independent contractors authorized only if duly commissioned and compliant with jurisdictional laws, must adhere to Proof’s policies to ensure legal compliance and platform integrity, and maintain accurate profiles and required compliance documentation.
Notary User Supplement
Last Modified Date: September 27, 2024
This Notary User Supplement is attached to and incorporated into the Proof General Terms (“General Terms”). Capitalized terms not otherwise defined have the meanings given in the General Terms, the Proof Glossary, or the Order Form.
1. Applicability
This Notary User Supplement applies to Notary Users who access or use the Platform to provide Notarizations or other services in any capacity, including as an In-House Notary, On-Demand Notary, or Notary Business User.
2. General Terms for Notary Users
2.1 Relationship to Proof
Notary User acknowledges that Notary User is providing Notarizations on behalf of the Users who request Notarizations. Neither the Agreement nor this Notary User Supplement constitutes an employment agreement or otherwise creates an employment relationship between Notary User and Proof. This does not affect any express written employment or independent contractor agreement signed by an authorized Proof representative.
2.2 Access Authorization
Notary User is authorized to perform notarizations through the Platform only while:
- Duly authorized by the commissioning jurisdiction to perform remote online notarizations
- Possessing a valid digital certificate compliant with applicable notary law
- Physically located within the territorial limits of the commissioning jurisdiction
Transaction signatories and participants may connect with Notary User through the Platform from locations outside the commissioning jurisdiction.
2.3 Compliance
Notary User will observe and act in accordance with Proof’s rules and policies to ensure legal and regulatory compliance of the Platform and the integrity of notarial and other acts facilitated by the Platform. Notary User will maintain accurate profile information and provide current and updated copies of any Compliance Documentation as Proof reasonably requires. "Compliance Documentation" includes:
- Proof of completion of required training
- Proof of authorization to perform remote online notarizations
- Proof of sufficient E&O insurance
- Any other documentation required by Proof to ensure compliance with applicable law
Proof may update Compliance Documentation requirements with reasonable advance notice. Notary User will perform all notarizations in accordance with applicable notary law and is responsible for ensuring that transactions comply with such law, including the validity of acts performed using audio-video communication technology. Proof will provide reasonable training on Platform use as required by law.
2.4 Transaction Obligations
Notary User is responsible for:
- Ensuring Electronic Notarial Records are completed accurately using the Platform
- Correcting incomplete or inaccurate information in the Electronic Notarial Records by making a notation in the “Notes” section of the notarial journal, including properly listing and itemizing fees earned
- Ensuring each notarial certificate is accurate and properly completed
- Ensuring each notarial seal/stamp applied to a document is accurate and follows applicable notary law
2.5 Notary User Account
If Notary User’s Platform account is associated with a third-party Business’s Platform account (such as a title agent), that third party may have access to Notary User’s account solely for maintenance purposes. Proof may also access Notary User’s account for maintenance and compliance purposes.
2.6 Record Retention
Proof will store copies of Electronic Notarial Records as permitted or required by law. Proof will maintain Notary User’s Electronic Notarial Records on Notary User’s behalf until notified otherwise (except as required by law). Notary User is responsible for maintaining records in accordance with applicable law and for providing information when requested. Proof will also copy and store the audio-visual recording of a transaction.
2.7 Termination
In addition to the termination rights in the General Terms, Proof may terminate the Agreement immediately and without notice for any reason. Notary User may terminate the Agreement at any time by providing written notice. Certain sections of this Supplement survive termination or expiration.
2.8 Adverse Proceedings
If Notary User learns they are the subject of an administrative inquiry, disciplinary proceeding, or other legal action alleging violation of notarial law, professional misconduct, or acts of moral turpitude, Notary User must immediately give written notice to notaryonboarding@proof.com and provide supplemental information as reasonably requested. If Notary User’s commission is suspended or revoked, immediate written notice must be given and Notary User must discontinue performing notarizations on the Proof platform.
3. Additional Terms for On-demand Notaries
When Notary User accesses the Platform as an On-demand Notary, Notary User enters an agreement with Proof and agrees to undergo background checks and complete additional training as required. Additional insurance and other requirements described in an Order Form (if any) are incorporated by reference.
4. Additional Terms for Notary Business Users
When Notary User accesses the Platform as a Notary Business User, the following terms apply:
4.1 Restrictions and Responsibilities
- The Platform does not provide Notary Business User access to electronic promissory note creation or vaulting services or underwriter and county eligibility services.
- Proof may discontinue providing Notary Business User access to the Notary Business Account Services at any time, for any reason, at its sole discretion.
- Information provided through the Platform is not legal advice, and Proof is not responsible for ensuring that transactions comply with applicable notary law.
- Each Notary Customer must agree to the General Terms as a “User.” Notary Business User is responsible for ensuring Notary Customers comply with the Agreement as they use the Platform at Notary Business User’s request and as part of Notary Business User’s business.
4.2 Subscription Plan Fees
Notary Business User will pay Proof fees per transaction based on the number of notary seals applied in each transaction session, as specified in the Order Form. Proof reserves the right to change or add fees at any time. Continued use of the services constitutes acceptance of fee changes. Notary Business User may cease use at any time.
4.3 Notary Customer Charges
Notary Business User is responsible for setting, advertising, and billing fees charged to Notary Customers in a manner consistent with applicable law. Notary Business User is responsible for calculating, reporting, and paying any applicable taxes. The Platform provides a means to facilitate these charges through Stripe Connect. Notary Business User is responsible for facilitating refund payments. Proof’s current refund policy is available online.
4.4 Payment Terms and Processing
Unless otherwise agreed, transaction fees are due immediately upon completion of a transaction. Payment processing services are provided by Stripe and subject to the Stripe Connected Account Agreement and Stripe Services Agreement. By using the Platform to receive and make payments, Notary Business User agrees to the Stripe Terms. Proof may change payment processing vendors and will provide notice if a change occurs.
4.5 Proof Marks; References to Relationship
Proof may make Proof Marks available for Notary Business User’s use solely for identifying Proof as a service provider. Proof may limit or revoke this ability at any time. Notary Business User may not use Proof Marks or IP without express permission or in a manner that may cause confusion. During the subscription period, either party may publicly identify the other as a service provider or customer with prior written approval. Upon termination, Notary Business User must remove public references to the relationship.
4.6 Indemnification
Notary Business User will indemnify, defend, and hold Proof and its affiliates harmless from any costs, damages, liabilities, or expenses arising from third-party claims resulting from:
- Use or possession of User Data or the User System in accordance with the Agreement
- Breach of the Agreement by Notary Business User, Notary Customers, or third parties acting on Notary Business User’s behalf
- Access to or use of the Platform or Services by Notary Business User or Notary Customers
Incident Priority Levels and Resolution
Priority Level 1: Critical Business Impact
- Incident seriously affects functionality and cannot be circumvented.
- Resolved and closed when an Incident Resolution is fully implemented.
Priority Level 2: Significant Business Impact
- Incident partially affects functionality but can be circumvented.
- Resolved and closed when an Incident Resolution is fully implemented.
Priority Level 3: Minimal Business Impact
- Incident can be circumvented with only slight inconvenience.
- Resolved and closed when an Incident Resolution is fully implemented, or after 10 business days without response following communication of a proposed resolution.
On-Demand Notary Availability Downtime Credits
| Cumulative Downtime (minutes/month) | Credit |
|---|---|
| Up to 240 | 0% |
| 241-360 | 1% |
| 361-480 | 3% |
| 481-600 | 5% |
| 601+ | 7% |
Platform Availability Percentage Credits
| Availability (%) | Credit |
|---|---|
| 99.9% or higher | 0% |
| 97% - 99.9% | 1% |
| 95% - 97% | 3% |
| 93% - 95% | 5% |
| Below 93% | 7% |
Incident Priority Response Times
| Priority | Acknowledgement | Resolution/Interim | Max Time for Full Resolution (if interim provided) |
|---|---|---|---|
| Level 1 | 1 hour | 8 hours | 36 hours |
| Level 2 | 4 hours | 24 hours | 5 days |
Personal Information Categories (California)
- Personal Identifiers: Collected directly and indirectly from users and various third parties for service provision, communication, security, verification, improvement, advertising, and legal compliance. Retained for the duration of the business relationship plus any legally required period.
- California Customer Records Personal Information: Collected from users and third parties for service provision, communication, security, verification, improvement, advertising, and legal compliance. Retained as above.
- Characteristics of Protected Classifications: Collected for service provision, communication, security, verification, improvement, advertising, and legal compliance. Retained as above.
- Commercial Information: Collected for service provision, communication, security, verification, improvement, advertising, legal compliance, and transaction records. Retained as above.
- Biometric Information: Collected for service provision, communication, security, verification, improvement, legal compliance, and transaction records. Retained as above.
- Internet and Other Electronic Network Activity Information: Collected for service provision, security, verification, improvement, advertising, analytics. Retained as above.
- Geolocation Data: Collected for service provision, security, verification, improvement, advertising. Retained as above.
- Sensory Data: Collected for service provision, communication, security, verification, improvement, legal compliance, and transaction records. Retained as above.
- Professional or Employment-Related Information: Collected for service provision, communication, security, verification, improvement, advertising, and for job applicants, application processing. Retained as above.