Glossary

Last Modified Date: June 19, 2026

Additional Fee: A fee for services or add-ons performed by Proof upon request. Services subject to an Additional Fee may include, but are not limited to, an additional Seal, an additional Signatory, an On-Demand Witness, and per-document fees.

Affiliate: Any legal entity controlled by, controlling, or under common control with a party to the Agreement.

API: The application programming interface designed by or on behalf of Proof to permit authorized parties to submit documents and services requests, and to receive responses from the Platform in an automated manner.

API Key: The security key Proof makes available for Subscriber to access the API.

App: The Proof mobile software application available for Android and iOS devices.

Applicable Electronic Signature Law: For services involving a notarization, the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. sec. 7001 et seq. ("ESIGN") as well as Applicable Notary Law concerning electronic signatures or Remote Online Notarizations.

Applicable Notary Law: Laws of a Notary User’s commissioning jurisdiction which apply to authorization, performance, or validity of traditional or Remote Online Notarizations.

Business: A business or non-profit organization, educational institution, or other legal or government entity.

Capacity: A specified volume of services as defined on (a) an Order Form or (b) the Site or App.

Capacity Fee: A fee paid to consume the Capacity.

Certify: A service on the Proof Platform that enables an End User to cryptographically secure any digital content, asset, or data (including documents, images, video, and structured data) by binding it to the End User’s verified identity using a Digital Certificate.

Close: A real estate transaction that requires an eligibility check as well as a Remote Online Notarization (RON) performed on the Platform.

Command Center: A package of enterprise administration features on the Platform.

Confidential Information: Information obtained by a Receiving Party in connection with the Services which concerns Disclosing Party’s business or operations that (a) is identified by a “CONFIDENTIAL” legend or similar legend of the Disclosing Party or (b) the Receiving Party knew or should have known should be treated as confidential given the circumstances of its disclosure, and includes inventions, specifications, drawings, models, samples, reports, plans, marketing materials, financial information, work-in-progress, forecasts, computer programs or documentation, know-how, strategies and all other nonpublic technical, financial, or business information. Proof Confidential Information includes the Proof IP, and User Confidential Information includes User IP.

Consulting Services: The onboarding, implementation, and general consultancy services that Proof provides to a Subscriber as described in an Order Form.

Consulting and Support Services Fee: A fee for Consulting Services, Support Services, or both as specified on (a) an Order Form or (b) the Site or App. A Consulting and Support Services Fee can be a One Time Fee or a Periodic Fee.

Defend: An identity risk analysis service that a Subscriber may use to evaluate a User for potential fraud.

Digital Certificate: An X.509 certificate based in IETU standard used to digitally sign documents.

Digital Identity: A secured identity profile, created by an End User following a successful identity verification, that securely stores the End User’s verified personal information and credentials, allowing the End User to quickly and securely authorize, sign, and access future transactions on the Proof Platform and its network partners.

Document: A document in electronic form that a User presents on the Platform to be signed, notarized or otherwise used in connection with a Transaction or other Services.

Electronic Notarial Records: The audio-visual recording of a Transaction and any other information required by Applicable Notary Law for inclusion or retention in the electronic journal of notarial acts.

eNote: A document that is an electronic promissory note.

Enterprise Data Encryption: The encryption keys that a Subscriber holds for their own data on the Platform.

eVault: An electronic vaulting service that allows for secure storage and management of electronic records such as original and authoritative copies of contracts and eNotes.

External Document: A document included in a Transaction that is “wet-signed” outside the Platform.

Fees: All fees a User or Subscriber pays to Proof for Services as described in the relevant Order Form or Supplement.

Identify: Verification of an End User’s identity using any manner available in the Platform and selected by the Subscriber.

Identity Verification Agent: An individual who verifies the identity of an End User.

In-House Notary: A Notary provided access to the Platform by a Subscriber for the purpose of providing a RON.

Intellectual Property Rights: Collectively, any and all rights, title and interest to intellectual property (including, all patents, patent registrations, business processes, copyrights, database rights, moral rights, trademarks, trade names, service marks, service names, trade secrets and other Confidential Information, know-how or other similar rights arising or enforceable anywhere in the world and including any applications or rights to take action for infringement) in any system, software (including source and object code), inventions, documentation, data, content, design, method, process, device, algorithm, improvement, concept, or other material or technology, including any derivative works.

Lender: A lender User who receives RE Services.

Notarization: An authorized notarial act performed by a Notary in accordance with Applicable Notary Law.

Notarize: A RON performed through the Platform.

Notary Business Account Services: Proof’s provision of Platform access to Notary Business Users for the purpose of facilitating Notarizations or other services Notary Business User provides to its Notary Customers.

Notary Business User: A Notary User who accesses or uses the Platform to provide Notarizations or other services to Notary Customers.

Notary Customer: A User invited by a Notary to participate in a transaction brought to the Platform by the Notary for the purpose of providing Notarizations or other services directly to the User.

Notary: An individual commissioned or authorized by the United States or any state, commonwealth or territory of the United States to perform Remote Online Notarizations.

Notary Panel: A group of Notaries selected by Subscriber for servicing Subscriber Transactions.

On-Demand Notary: A Notary matched to a User through Proof’s “on-demand” network for the purpose of providing a RON.

On-Demand Witness: A Participant who, at the request of a Subscriber, a Signatory, or other party to the Transaction, witnesses the signing of a Document or execution of a Transaction.

One Time Fee: A fee paid one time for a Service as specified on (a) an Order Form or (b) the Site or App.

Order Date: The date Services begin and is (a) listed in the Order Form or (b) the date Subscriber activates a Subscription Plan for those Services by paying Fees on the Site or App.

Order Form: Any Proof order form executed by the parties for the purchase of Services, and into which these General Terms are incorporated.

Overage Fee: A fee for Services consumed that exceed expectations as reflected on (a) an Order Form or (b) the Site or App.

Periodic Fee: A fee to be paid on a periodic basis as specified on (a) an Order Form or (b) the Site or App.

Platform: Collectively, (a) the API, (b) the App, (c) the Sites, (d) the Services, (e) the Proof Content, and (f) the Proof System, and all modifications, additions, or enhancements of any of the foregoing.

Platform Fee: A fee a Subscriber pays to Proof for access to the Platform.

Proof: Notarize, Inc. (dba Proof.com), a Delaware corporation, with offices at 867 Boylston Street, 5th Floor #1656, Boston, MA, 02116, unless the Subscriber is a credit union, in which case “Proof” means Proof.com CUSO, LLC, a Delaware limited liability company, with offices at 867 Boylston Street, 5th Floor #1656, Boston, MA, 02116.

Proof Content: All information, data, documents, writings, images, works, or other material that User accesses through the Platform, excluding User Data.

Proof System: The software, business rules, methods, data, know-how, technology, and related user documentation developed or acquired by Proof to enable the Services it provides to Users.

RE: Real estate.

RE Network: The network of investors, insurers and service providers, including but not limited to title agents, underwriters and secondary market participants, who collaborate in efforts to complete real property and mortgage transactions processed through the Platform.

RE Services: Any services and functionalities offered or facilitated by Proof on the RE Platform and provided to a User in connection with a Transaction relating to real property.

Remote Online Notarization (RON): An electronic notarization performed by a Notary using audio-video communication technology.

Screen: A pre-screening risk signal service that a Subscriber may use to evaluate a User for indicators of fraudulent or synthetic identity.

Seal: The information contained in a notarized record that confirms the commissioning information of a Notary and makes the notarial act official.

Security Incident: Any unauthorized third-party access to or processing of any User Data, which affects the confidentiality, integrity, or availability of User Data.

Services: All services offered or facilitated by Proof.

Session: One meeting with a Notary for purposes of performing a RON.

Sign: Proof’s facilitation of electronic signatures on Documents through the Platform.

Signatory: A User who signs a Document, with or without a Notarization, during a Transaction.

Site: The Proof and the Notarize website.

Subscriber Data: Information provided by Subscriber as part of a Transaction, and includes Personal Information, Confidential Information, payment information, identity information, credentials, biometric information and documentation, and Transaction Documents. Subscriber Data does not include Electronic Notarial Records or other information obtained or recorded during a Transaction, Subscriber activity metadata associated with a Transaction (such as Document uploads, accessing the platform, reviewing, signing, and move annotations), or De-Identified Data (as defined in the Data Processing Supplement).

Subscriber Link: A web address link (URL) provided by Proof.

Supplement: A document containing supplemental terms and conditions applicable to Services, Users, and use cases as specified in the Agreement.

Support Fee: A fee a Subscriber pays to Proof for Support Services.

Support Services: The Platform technical support and maintenance services that Proof provides to Subscribers as more fully specified in the Order Form and Subscriber Supplement.

Third-Party Software: Any third-party software program or service described on the Platform or in an Order Form, including those offered to User in connection with the Services, subject to any applicable additional terms in the Order Form or otherwise required by Proof.

Title Agent: A title, settlement, or escrow User who provides RE Services.

Transaction: (a) A request for Certify services, (b) a singular Session of Close services, (c) a Defend identity risk analysis for an underlying service, (d) a request for Identify services, (e) a singular Session of Notarize services, (f) a request for RE Services, (g) a request for Screen services, (h) a request for Sign services, or (i) a request for Verify services. The Transaction will be performed as described in the Order Form or the Site and conducted through the Platform.

Transaction Fee: A fee for one Transaction. A Transaction Fee for Certify includes one request to cryptographically secure any digital content, asset, or data by binding it to a verified identity using a Digital Certificate. A Transaction Fee for Defend includes one request for an identity risk analysis for one underlying Transaction that could include Certify, Close, Identify, Notarize, or Verify. A Transaction Fee for Identify includes identity proofing of one End User using one or more available identity proofing techniques. A Transaction Fee for Notarize via On-Demand Notary includes (a) one Session; a singular Session of Close services, (c) a Defend identity risk analysis for an underlying service, (d)(b) one Signatory; (c) as many Participants as the Platform supports at that time; (d) one or more electronically signed documents for a Signatory receiving a Notarization; and (e) one Seal. A Transaction Fee for Notarize via In-House Notary includes (a) one Session; (b) one Signatory; (c) as many Participants as the Platform supports at that time; (d) one or more electronically signed documents for a Signatory receiving a Notarization; and (e) one or more Seals. A Transaction Fee for Screen includes one request for a pre-screen risk signal for one User. A Transaction Fee for Sign includes a request for one or more electronic signatures. A Transaction Fee for Verify includes identity proofing of one End User using one or more available identity proofing techniques. A single request that includes more than one Transaction type will incur a Transaction Fee for each Transaction type. For example, a single request that includes an Identify Transaction for one End User and a Sign Transaction for another End User will incur an Identify Transaction Fee and a Sign Transaction Fee.

User Data: A copy of the audio-visual recording of a Transaction and information provided by User as part of a Transaction, which may include Personal Information, Confidential Information, payment information, identity information, credentials, biometric information and documentation, and Transaction Documents. User Data does not include Electronic Notarial Records or other information obtained or recorded during a Transaction, User activity metadata associated with a Transaction (such as Document uploads, accessing the platform, reviewing, signing, and move annotations), or De-Identified Data (as defined in the Data Processing Supplement).

User System: The information technology infrastructure User must obtain, at User’s expense, to access and use the Platform or Services.

Verification Portal: The access point for Documents and other Transaction information made available by Proof through the Platform.

Verify: Verification of an End User’s identity using the functionality available in the Platform during a live session with a Subscriber provided agent.

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Incident Priority Levels

Priority Level Conditions

• ​Level 1: Critical Business Impact. The incident seriously affects the functionality of the Services (or component thereof) and cannot be circumvented such that most of the significant functionality of the Services (or component thereof) is available.
• ​Level 2: Significant Business Impact. The incident partially affects the functionality of the Services (or component thereof), but can be circumvented so that most of the significant functionality of the Services (or component thereof) is available.
• ​Level 3: Minimal Business Impact. The incident can be circumvented such that the Services (or component thereof) can be used with only slight inconvenience. The problem can be considered insignificant and has no significant effect on the usability of the Services (or component thereof).

Conditions for Closure of Help-Desk Ticket

• ​Level 1: The incident is considered resolved and closed when an incident resolution has been fully implemented.
• ​Level 2: The incident is considered resolved and closed when an incident resolution has been fully implemented.
• ​Level 3: The incident is considered resolved and closed when one of the following occurs: (i) an incident resolution has been fully implemented, or (ii) 10 business days have elapsed since Proof’s communication of the information that Proof reasonably believes will resolve the incident (communicated by email to Subscriber’s designated contact for such incident), and Subscriber has not responded to Proof. The incident can be reopened later if it has not been resolved.

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On-Demand Notary Availability Downtime Credits

• ​Up to 240 minutes: No On-Demand Notary Downtime Credit
• ​241-360 minutes: 1%
• ​361-480 minutes: 3%
• ​481-600 minutes: 5%
• ​601 minutes or greater: 7%

Platform Availability Percentage and Downtime Credits

• ​99.9% or higher: No Platform Downtime Credit
• ​97% - 99.9%: 1%
• ​95% - 97%: 3%
• ​93% - 95%: 5%
• ​Below 93%: 7%

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Incident Priority Response Times

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Personal Information Categories (California)

Personal Identifiers

• ​Examples: Real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license or passport number, or other similar identifiers.
• ​Sources: Directly from you; indirectly from you as you navigate or use our Services; notaries; data analytics providers; social networks; advertising networks; internet or mobile service providers; counterparties in a transaction; credential analysis companies; identity verification services. For job applicants: directly from you; background check providers; recruiters; recruiting software providers.
• ​Purposes: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you. For job applicants: assess your application; satisfy legal obligations.
• ​Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; notaries; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; single sign-on providers; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
• ​Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

California Customer Records Personal Information

• ​Examples: Name, signature, social security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
• ​Sources: Directly from you; counterparties in a transaction; credential analysis companies; identity verification services. For job applicants: directly from you; background check providers; recruiters; recruiting software providers.
• ​Purposes: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you. For job applicants: process your application; satisfy legal obligations.
• ​Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
• ​Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Characteristics of Protected Classifications

• ​Sources: Directly from you; indirectly from you as you navigate or use our Services; notaries; data analytics providers; social networks; advertising networks; internet or mobile service providers; counterparties in a transaction; credential analysis companies; identity verification services. For job applicants: directly from you; background check providers; recruiters; recruiting software providers.
• ​Purposes: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you; meet our legal obligations.
• ​Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; notaries; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers.
• ​Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Commercial Information

• ​Examples: Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
• ​Sources: Directly from you; indirectly from you as you navigate or use our Services; notaries; data analytics providers; social networks; advertising networks; internet or mobile service providers; counterparties in a transaction.
• ​Purposes: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; advertise or market to you; meet our legal obligations; maintain transaction records.
• ​Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; notaries; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; counterparties in a transaction; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
• ​Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Biometric Information

• ​Sources: Directly from you; indirectly from you as you navigate or use our Services; internet or mobile service providers; credential analysis companies; identity verification services.
• ​Purposes: Provide you with our Services; communicate with you; protect and secure our environment; verify, maintain, improve, upgrade, or enhance a product or service; identify and repair errors; meet our legal obligations; maintain transaction records.
• ​Recipients: Affiliates; technology service providers.
• ​Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.

Internet and Other Electronic Network Activity Information

• ​Examples: Browsing history, search history, and information about individual interactions with an Internet website, application, or advertisement.
• ​Sources: Indirectly from you as you navigate or use our Services; data analytics providers; social networks; advertising networks; internet or mobile service providers.
• ​Purposes: Provide you with our Services; detect security incidents; protect against malicious, deceptive, fraudulent, or illegal activity; verify, maintain, improve, upgrade, or enhance a service or device that is owned or controlled by us; identify and repair errors; advertise or marketing to you; perform analytics.
• ​Recipients: Affiliates; advertising networks; social networks; technology service providers; customer relationship management providers; payment processors; mobile application platforms; tag management platforms; video sharing platforms; customer support platforms; data analytics providers; marketing platforms; mobile linking platforms; single sign-on providers; collaboration software providers; customer engagement and communication platforms; identity verification and anti-fraud solution providers; background screening companies; mortgage process digitization providers; electronic signature and digital transaction management providers; financial services companies; web mapping platforms.
• ​Retention: The length of your business relationship with us plus any legally required additional retention period for this category of Personal Information following conclusion of your business relationship with us or as long as business needs require, whichever is longer.