General Terms

Last Modified Date: June 19, 2026

These Proof General Terms ("General Terms") are between Proof and the User accessing the Platform. Capitalized terms not otherwise defined have the meanings given in the Proof Glossary, the relevant Supplement, or the Order Form. THESE GENERAL TERMS REQUIRE ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO DESCRIBE THE SPECIFIC REMEDIES AVAILABLE TO YOU. PLEASE SEE SECTIONS 13.8 AND 13.9 TO LEARN MORE.

01. General Provisions

1.1 Applicability

These General Terms apply to all Users. A "User" is any individual or entity who accesses the Platform in any capacity. By clicking the “I Agree” button or consent tickbox linked to these General Terms or by otherwise using or accessing the Platform in any capacity, User accepts and agrees to be bound by these General Terms. For purposes of a given Transaction, a User may fall into one or more of the following categories:

• ​Subscriber: Any individual or entity who purchases Services by signing an Order Form or by paying Fees on the Site or App for a periodic or per-Transaction subscription (both a "Subscription Plan").
• ​End User: Any individual who uses the Proof Platform to perform one of its core functions, such as signing a document, verifying their identity, receiving a notarization, or creating a Digital Identity.
• ​Participant: Any individual who, at the request of a Subscriber, an End User, or other party to the Transaction, participates in the Transaction in any capacity other than as an End User or as a Notary, including as a witness to an End User’s signature or identity, or as an attorney, title agent, realtor or other person interested in the Transaction.
• ​Notary User: Any individual who accesses or uses the Platform as an In-House Notary, On-Demand Notary, or Notary Business User.
• ​Verification Portal Users: (a) the Subscriber, (b) the End Users, (c) Users designated by the Subscriber to receive access to the Verification Portal, (d) Users with requisite Platform access credentials or permissions, and (e) Users otherwise authorized or permitted by law to view Documents and other Transaction information.

1.2 Supplements

Additional terms apply to specific categories of Users, Services, and use cases, as follows:

• ​User-Specific Terms:
  • ​The "Data Processing Addendum" applies to all Business entities.
  • ​The "Notary User Supplement" applies to all Notary Users.
  • ​The "Subscriber Supplement" applies to all Subscribers.
• ​Service-Specific Terms:
  • ​The "In-House Notary Supplement" applies when a Subscriber uses In-House Notary Services.
  • ​The "Real Estate Supplement" applies when a Subscriber uses RE Services.
• ​Use Case Specific Terms:
  • ​The "Acceptable Use Supplement" applies when a User receives Proof Content.
  • ​The "API Supplement" applies when a Subscriber uses the API.
  • ​The "Individual Digital Certificate Supplement" applies to all Digital Certificates issued to Individuals.
  • ​The "Link Supplement" applies when a Subscriber uses a Subscriber Link.
  • ​The "Organization Digital Certificate Supplement" applies to all Digital Certificates issued to Organizations.
  • ​The "U.S. Postal Service Form 1583 Supplement" applies when a Subscriber uses Proof Services for completing a U.S. Postal Service Form 1583.

1.3 Privacy

Use of the Platform is subject to the Proof Privacy Policy. The Privacy Policy describes how Proof collects, uses, and protects User information. Where processing is based on consent and to the extent permitted by law, by agreeing to the General Terms, User consents to Proof’s collection, use, and disclosure of User information as described in the Privacy Policy.

1.4 Agreement

These General Terms, together with the applicable Supplements and Order Form (if the User is a Subscriber), are the "Agreement". Supplements may modify these General Terms. If these General Terms conflict with an Order Form, these General Terms prevail unless expressly agreed otherwise in the Order Form. If these General Terms conflict with a Supplement, the General Terms prevail. If a Supplement and an Order Form conflict, the Supplement prevails unless expressly agreed otherwise in the Order Form. The Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, written and oral, concerning the Agreement’s subject matter. Proof may change its Services offerings at any time and is under no duty to extend Services to User.

02. Access Rights and Restrictions

2.1 Access

User may access and use the Platform and Services that Proof makes available to User on a non-exclusive, non-transferable, limited basis to the extent expressly permitted in an Order Form, these General Terms, or a Supplement, and solely for the purposes described in the Order Form or Supplement.

2.2 Restrictions

User access to the Platform is limited to a cloud-based instance of the most recent generally available version hosted in object code form on servers controlled by Proof. Proof may provide some or all of the Services through third parties. User may access Services only through the Platform. User will make no attempt to:

• ​Sublicense, resell, or transfer any of User’s rights under the Agreement, or otherwise redistribute or provide access to the Platform or Services to any third party, except as permitted in an Order Form or as otherwise agreed with Proof in writing;
• ​Use or access the Platform or Services to develop a competitive product or service, or to operate in a time-sharing, outsourcing, or service bureau environment, except as permitted in an Order Form;
• ​Copy, modify, translate, create derivative works from, decompile, disassemble, reverse engineer, or otherwise attempt to derive or reveal the trade secrets, source code, or know-how underlying the Platform or any of its components;
• ​Bypass or breach any Platform security device or protection, or access the Platform other than through User’s Account ID;
• ​Use or access the Platform or Services (i) in a way that is unlawful or infringes any Intellectual Property Rights or other legal rights of others, (ii) to gain unauthorized access to or disrupt any third-party service, device, data, account, or network, or (iii) to distribute spam or malware;
• ​Allow anyone without capacity to enter into legally binding contracts to access the Platform without direct supervision and participation of a parent or legal guardian, or allow anyone under the age of 13 to access the Platform for any purpose;
• ​Interfere in any manner with Proof’s provision of the Services;
• ​Conceal or remove any proprietary rights notice contained in the Platform or Services; nor
• ​Engage in or otherwise subject the Notary User to offensive or demeaning language, lewd conduct, or obscene gestures during a Transaction.

2.3 Unpaid Access

Proof may make the Platform available to User on an unpaid basis for technical evaluation in a test environment (“Technical Access”) or an unpaid trial evaluation of certain Services (“Trial Access”), subject to the terms below. Technical Access and Trial Access are each “Unpaid Access”.

• ​Technical Access: If Proof provides Technical Access to User, Proof grants User and Permitted Employees a non-exclusive, revocable, non-transferable and limited right to access and use the Platform testing environment as described on the Site, solely for evaluation purposes. User will not, and will not allow Permitted Employees to, (i) demonstrate or market the Platform to any third party, (ii) disclose information relating to performance or quality of the Platform, (iii) use the Platform for any commercial or production purpose (including performance of notarial services), (iv) use live customer or transactional data, or (v) upload Personal Information to the Platform.
• ​Trial Access: If Proof provides Trial Access to User, Proof grants User and Permitted Employees a non-exclusive, revocable, non-transferable, and limited right to access and use the Platform as described on the Site and in this Agreement, solely for evaluation purposes.
• ​Generally: Proof may terminate Unpaid Access at any time for any reason and without liability to User. Unpaid Access automatically terminates on the start date of User’s paid Subscription Plan. “Permitted Employees” means specific named employees permitted to use Unpaid Access, subject to Proof’s prior approval. Unless User purchases a Subscription Plan before the Unpaid Access terminates, all User Data may be permanently deleted at termination. User loses access to any User Data stored on the Platform when Unpaid Access terminates. Additional terms and conditions on the trial registration section of the Site may apply. ALL UNPAID ACCESS IS PROVIDED ON AN “AS IS” BASIS. NOTWITHSTANDING ANYTHING IN THE AGREEMENT TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY LAW PROOF DISCLAIMS ALL LIABILITY ARISING FROM UNPAID ACCESS.

03. Accounts

3.1 Account IDs

User is responsible for ensuring the security and confidentiality of any Platform username and password (“Account ID”) assigned to User, and that individuals the User allows to access the Platform, User Data, or Transaction information are authorized under the Agreement to do so. User is responsible for all activities that occur under User’s Account ID. User will ensure that User’s Account ID is not shared with others, including any In-House Notaries. If User accesses the Platform or Services on behalf of a Business, User represents that User has all right and authority necessary to (a) act on behalf of the Business and bind them to the Agreement, (b) access and use the Platform and Services, and (c) provide, access, transmit, and use User Data as contemplated in the Agreement. User may update account contact and billing information by logging in.

3.2 Business Account Users

When User accesses Services on behalf of a Business, then (a) all references to “User” as a contracting entity under the Agreement are references to the Business, (b) Proof may provide the Business with the ability to access, use, remove, retain, and control User’s Account ID and related User Data, (c) User’s access to Services is governed by the Business’s agreement with Proof, and (d) Proof may provide User’s personal information to the Business. If User accesses Services on behalf of multiple Businesses, Proof is not responsible for User’s compliance with conflicting obligations it may have among those Businesses.

3.3 Suspension

Proof may suspend or limit User’s access to the Platform or Services, or remove or disable any User account or User Data, if (a) continued User access or hosting of User Data may result in material harm to the Platform, Services, Users, or a third party, (b) Proof receives a judicial or other governmental order or request that, in Proof’s good faith belief, requires Proof to do so, (c) Proof reasonably and in good faith believes continued access or hosting of User Data violates the Agreement or applicable law, or (d) User violates the Agreement. Proof will endeavor to notify User before any suspension or limitation, except when Proof reasonably believes that applicable law prevents Proof from doing so or when immediate action would better prevent imminent harm to the Platform, Services, Users, or a third party. Proof will narrow a suspension or limitation in time and scope as is reasonably practicable under the circumstances.

3.4 Content Moderation

User will not upload, post, reproduce or distribute any material protected by a third party’s copyright, privacy rights, or other Intellectual Property Rights without prior consent of the rights owner. Proof assumes no obligation to monitor activities on the Platform, but reserves the right to (a) monitor all User access to, and use of, the Platform, (b) employ filters designed to detect and block inappropriate content, and (c) deactivate User accounts at any time for known or reasonably suspected breach of the Agreement. Proof reserves the right at all times to disclose information it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

3.5 User System Requirements

To access and use the Platform to (a) initiate Transactions and deliver Documents (b) receive notarized, e-signed, or other Documents and related information, and (c) engage in other associated interactions through the Platform, User must at its own expense obtain a User System that meets Proof’s minimum requirements. User is responsible for backup, recovery, network security, and maintenance services for the User System.

3.6 Digital Identity

By creating a Digital Identity, the End User expressly consents to Proof maintaining a record of this information. The End User is responsible for the security and confidentiality of their profile and the credentials used to access it. As the Digital Identity belongs to the End User, only the End User may request its deletion, subject to Proof’s legal and compliance obligations to retain records.

04. Consent to Electronic Communications and eSignatures

4.1 Consent to Electronic Means

By entering into the Agreement or using the Platform or Services, User (a) affirmatively consents to conduct Transactions electronically and to receive information and disclosures in electronic form and (b) agrees to create or adopt and use an electronic signature to sign all Documents requiring User’s signature or initials. User acknowledges and agrees that User’s electronic signature and initials on a Document are as valid and legally binding on User as User’s pen and ink signature and initials. User may have the right to receive disclosures on paper instead of electronically, but Users who wish to receive paper disclosures should not agree to these General Terms or participate in Transactions on the Platform. User’s consent under this Section 4.1 applies to all Documents and disclosures related to Transactions in which User participates in any capacity. If User has signed other e-consent documents that apply to a Transaction, the terms of the other consent apply to the extent they are inconsistent with this Section 4.1.

4.2 Withdrawal of Consent

User may withdraw the consent provided in Section 4.1 by written notice to support@proof.com. If User withdraws consent, Proof will deactivate User’s Account ID, and User will not be able to access or use the Platform or Services. Proof will not charge a specific fee for User’s withdrawal of consent, however the other parties involved in the Transaction may impose charges, and User may be responsible for additional costs incurred to reschedule the Transaction. Rescheduling may have legal consequences that cause User to forfeit money or lose favorable terms. All User actions taken before withdrawal of consent remain valid and enforceable, including signing Documents, delivery or making available of disclosures, and participating in Notarizations.

4.3 Requests for Certain Materials in Paper Form

After any Transaction is complete, all relevant Documents will be available to User to view and print via an internet link to the Verification Portal sent to the email address provided by User. By contacting Proof at support@proof.com, User may request paper copies of (a) these General Terms and (b) Documents and Transaction disclosures from the Subscriber that scheduled or organized the Transaction. If applicable law requires Proof to provide User access to signed and notarized Documents or other communications in paper rather than electronic form, Proof will comply and will charge fees for paper access as permitted by law (if any). If User wishes to receive Documents related to a Transaction in paper form prior to signing, User must obtain them from the Subscriber that scheduled or organized the Transaction or source that originally provided them to User.

05. User Acknowledgements and Responsibilities

5.1 User’s Responsibilities

As a condition of access to the Platform and Services, User acknowledges and agrees that:

• ​Each Notary provides Services solely by virtue of that Notary’s Applicable Notary Law;
• ​User is explicitly requesting and invoking each Notary’s authority under that Notary’s Applicable Notary Law, irrespective of any User’s geographic location at the time of a Transaction;
• ​User is solely responsible for the accuracy, content, legality, and nature of (i) Documents and External Documents (if any) in the form delivered to Proof and (ii) all other User Data submitted by User or its designated End Users or Participants in connection with a Transaction;
• ​User is solely responsible for verifying that (i) e-signed Documents and Notarizations are legally valid and binding for User’s intended purposes and (ii) User’s intended recipient will recognize as valid and accept an e-signed or remotely notarized Document;
• ​User is solely responsible for determining (i) whether e-signed Documents that will not receive a Notarization will be signed ahead of or during the Transaction and (ii) the scope of authentication services and other Services appropriate for each Document;
• ​User will only seek identity proofing for themself and not for someone else;
• ​User will provide truthful information as part of the identity proofing process;
• ​If User is physically located outside of the United States, User is solely responsible for ensuring (i) that initiation of and participation in User’s Transaction are not illegal or prohibited in the jurisdiction where the User is physically located and (ii) that the Transaction relates 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 a Transaction substantially connected with the United States;
• ​User is responsible for any costs associated with receiving SMS or text messages related to the access to and use of the Platform and Services; and
• ​User’s wireless carrier may disclose information about User’s account and User’s wireless device, if available, to Proof, solely to help Proof identify User or User’s wireless device and to prevent fraud.

5.2 End Users and Participants

As a condition of access to the Platform and Services, End Users and Participants must agree to these General Terms. The parties acknowledge that their respective rights and obligations are affected by the acts or omissions of End Users and Participants, and accordingly agree that (a) User will not challenge the enforceability of these General Terms, (b) Proof will not seek to hold User liable for its End Users’ or Participants’ non-compliance with these General Terms unless User has aided or otherwise facilitated the non-compliance, and (c) Proof is excused from providing Platform access and Services if acts or omissions of End Users or Participants materially impair Proof's ability to provide Platform access or Services (or to fulfill other obligations) to User.

5.3 No Legal Advice

When accessing the Platform, User may obtain information from Proof or On-Demand Notaries concerning laws governing electronic signatures, electronic notarization, and other subject matter. This information is for general informational purposes only and is not legal advice – it also may be incorrect or not apply to User’s Document or Transaction. The Services and any forms or templates provided through the document index are not legal advice. Proof is not a law firm and is not providing legal advice to User. On-Demand Notaries do not provide legal advice to User on behalf of Proof. If an On-Demand Notary is a lawyer, Proof does not verify their authority to practice law and bears no responsibility for any legal advice that an On-Demand Notary may provide to User. User is responsible for obtaining counsel to provide legal advice concerning the Services, Documents, External Documents, User Data, and Transactions.

5.4 Compliance with Laws

User will comply with all applicable laws in connection with use of the Platform, including data privacy, data security, and Applicable Notary Law.

06. Data

6.1 User License to Proof

Subject to the terms of the Agreement, User hereby grants Proof a nonexclusive license to capture, store, maintain, access, use, and reuse (and to permit On-Demand Notaries and Proof representatives to access and use) User Data and other User IP for purposes of providing Services to User, End Users, and Participants, including to:

• ​Verify identities of Users, End Users, or Participants, including by using third-party identity database services
• ​Capture, store, maintain, access, use, and reuse data related to User’s account, Transactions, and other Services provided to User
• ​Transmit, record, maintain, and display Transaction information, Documents, External Documents, and other User Data through the Verification Portal to Verification Portal Users in accordance with the Data Processing Supplement
• ​Transmit User Data to other parties to Transactions, or to those with appropriate authority, or to other third parties as provided by relevant agreements or applicable law
• ​Store, maintain, display, and otherwise provide access to User Data in notary journals and other records of the Services and Transactions
• ​Capture, store, maintain, access, use and reuse an End User’s Digital Identity

User represents and warrants that it has sufficient authority and has obtained all consents necessary to grant the foregoing rights to Proof. Except as expressly provided in this Section 6.1 and as between Proof and User, User is and will remain sole owner of User IP and User Data.

6.2 Analytics

User agrees that, subject to the Data Processing Supplement, Proof may collect, compile, analyze and otherwise use de-identified statistical data related to use of the Platform and Services, as well as other data that qualifies as De-Identified Data as defined in the Data Processing Supplement (collectively “Proof Analytics”). Proof is not obligated to pay for the use of Proof Analytics. Proof Analytics are not subject to any data deletion requirements under the Agreement.

6.3 User Data Backups; Retention

PROOF WILL MAKE DOCUMENTS AVAILABLE VIA THE VERIFICATION PORTAL FOR A REASONABLE PERIOD OF TIME BASED ON INDUSTRY PRACTICE AND PROOF’S STANDARD PRACTICES, BUT USER ACKNOWLEDGES THAT, UNLESS OTHERWISE AGREED IN AN ORDER FORM OR REQUIRED BY APPLICABLE LAW (INCLUDING APPLICABLE NOTARY LAW AND APPLICABLE ELECTRONIC SIGNATURE LAW), (A) PROOF HAS NO OBLIGATION TO RETAIN USER DATA AND (B) USER IS SOLELY RESPONSIBLE FOR RETENTION AND BACKUP ON ALL USER DATA SUBMITTED TO THE PLATFORM BY OR ON BEHALF OF USER.

07. Term and Termination

7.1 Term and Termination

These General Terms apply beginning on the initial Order Date and remain in effect until there are no Order Forms or Subscription Plans in effect for a period of six consecutive months, unless earlier terminated in accordance with this Section 7 or the Order Form. Either party may terminate the Agreement for the other party’s material breach by providing notice to the other party (“Breach Notice”) and a 30-day period to cure, commencing on the other party’s receipt of the Breach Notice (“Cure Period”). If the party in breach does not effect a cure within the Cure Period, the Agreement is terminated effective as of the date of the Breach Notice.

7.2 Effect of Termination

The following Sections survive termination of the Agreement: 4 (Consent to Electronic Communications and eSignatures), 5 (User Acknowledgments and Responsibilities), 6 (Data), 7.2 (Effect of Termination), 9 (Indemnification), 10 (Limitation of Liability), 11 (Intellectual Property), 12 (Confidentiality), 13 (Miscellaneous), and the attached Glossary. In addition to the provisions that are expressly made to survive this Agreement, the provisions that by their nature are intended to survive, will survive this Agreement’s termination.

08. Warranties

8.1 Mutual Representations and Warranties

Each party represents and warrants that (a) performance of the Agreement will not violate any agreement binding the party, (b) the party has the right and authority to enter into and perform its obligations under the Agreement, and (c) the party will not engage in deceptive, misleading, illegal or unethical practices that may be detrimental to the other party (and, in the case of Proof, detrimental to its service providers).

8.2 User Representations and Warranties

User represents and warrants that (a) it will comply with all applicable laws and use the Platform and Services solely for lawful purposes, (b) it owns or has otherwise secured all rights in and to the User Data necessary to permit the access, use and processing contemplated in the Agreement, (c) it owns or has otherwise secured all rights to the User System necessary to fulfill User’s obligations.