1. Introduction and Acceptance of Terms
These Terms of Service (“Terms”, “Agreement”) constitute a legally binding agreement between you (“User”, “Client”, “you”, “your”) and Wisenotary LLC, a Delaware limited liability company doing business as WiseNotary (“WiseNotary”, “Company”, “we”, “us”, “our”), governing your access to and use of the WiseNotary platform, website (wisenotary.com), mobile applications, APIs, and all related services (collectively, the “Platform” or “Services”).
BY ACCESSING OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE PLATFORM.
If you are accessing the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind such entity to these Terms, in which case “you” and “your” shall refer to such entity.
2. Definitions
For the purposes of this Agreement:
- “Content” — any data, text, documents, images, audio, video, or other materials uploaded, submitted, or transmitted through the Platform.
- “Executor” / “Service Provider” — any independent contractor, notary public, translator, apostille agent, courier, or other professional who provides services through or in connection with the Platform.
- “Subcontractor” — a staff member or contracted individual engaged by WiseNotary to perform operational tasks including but not limited to courier services, apostille ordering, document delivery, and customer coordination.
- “SaaS Services” — the software-as-a-service platform provided by WiseNotary, including all features, tools, and functionality.
- “White-Label Solution” — a customizable version of the Platform provided to business partners for resale or integration under their own branding.
- “Franchise Partner” — a business entity authorized by WiseNotary to operate a branded notary service business utilizing the WiseNotary platform and brand.
- “Personal Data” — any information relating to an identified or identifiable natural person, as defined under applicable data protection laws.
3. Description of Services
3.1 Platform Services
WiseNotary operates a multi-tenant SaaS platform that connects clients with verified document service professionals. The Platform facilitates:
- Remote Online Notarization (RON) and traditional notarization
- Professional translation services in 50+ languages
- Apostille and legalization processing
- Courier and document delivery services
- AI-powered document generation and review
- Digital document storage and management
- Identity verification and authentication
- Multi-currency payment processing
- Enterprise API access and integrations
3.2 Role of WiseNotary — Platform Operator
WISENOTARY ACTS SOLELY AS A TECHNOLOGY PLATFORM AND MARKETPLACE. WiseNotary is not a law firm, notary public, translation agency, or legal service provider. WiseNotary does not provide legal advice, notarial services, or professional translation services directly.
Services available through the Platform are provided by: (a) independent third-party Service Providers who utilize the Platform; and (b) WiseNotary's staff subcontractors who perform operational tasks such as courier delivery, apostille ordering, and document coordination. In both cases, WiseNotary facilitates connections and operations but does not guarantee the accuracy, quality, legality, or enforceability of any documents or services processed through the Platform.
3.3 Subcontractor Services
WiseNotary engages staff subcontractors to provide certain operational services including but not limited to: courier and document delivery, apostille and legalization ordering on behalf of clients, document collection and submission to government agencies, and customer coordination. These subcontractors operate under WiseNotary's direction but are not employees. WiseNotary makes reasonable efforts to ensure quality but does not guarantee outcomes that depend on third-party government agencies, postal services, or other external factors.
3.4 No Legal Advice
Nothing on the Platform constitutes legal advice. WiseNotary does not provide legal opinions, recommendations, or counsel. Users should consult with qualified legal professionals in their jurisdiction for specific legal questions.
4. Account Registration and Security
4.1 Account Creation
To access certain features of the Platform, you must create an account. You agree to provide accurate, current, and complete information and to keep it updated.
4.2 Account Security
You are responsible for maintaining the confidentiality of your credentials and for all activities under your account. Notify WiseNotary immediately of any unauthorized use.
4.3 Age Requirements
You must be at least 18 years of age. By using the Platform, you represent and warrant that you meet this requirement.
4.4 Identity Verification
WiseNotary may require identity verification for certain services. You consent to providing identification documents and biometric data as necessary, subject to our Privacy Policy.
5. Subscription and Payment Terms
5.1 Pricing
WiseNotary offers various subscription plans and pay-per-service pricing. Prices are in USD unless otherwise stated and exclude applicable taxes.
5.2 Payment Processing
Payments are processed through secure third-party processors (including Stripe). WiseNotary does not store complete credit card information on its servers.
5.3 Recurring Billing
Subscription fees are billed in advance on a recurring basis. Your subscription auto-renews unless cancelled before the end of the billing period.
5.4 Taxes
You are responsible for all applicable taxes, duties, and levies, except taxes based on WiseNotary's income.
5.5 Late Payments
Overdue amounts accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is less.
6. Intellectual Property Rights
6.1 WiseNotary Intellectual Property
The Platform, including all software, algorithms, designs, text, graphics, logos, icons, and the “WiseNotary” name and trademark, are the exclusive property of Wisenotary LLC and are protected by international intellectual property laws.
THE USE OF THE “WISENOTARY” NAME, TRADEMARK, LOGO, OR ANY CONFUSINGLY SIMILAR MARKS WITHOUT PRIOR WRITTEN AUTHORIZATION IS STRICTLY PROHIBITED AND MAY RESULT IN LEGAL ACTION.
6.2 License to Use
Subject to these Terms, WiseNotary grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes.
6.3 User Content
You retain ownership of Content you upload. By uploading Content, you grant WiseNotary a worldwide, non-exclusive, royalty-free license to use, store, process, and transmit such Content solely for providing the Services. This license terminates when you delete the Content or close your account, except as required for backup, legal, or compliance purposes.
6.4 Feedback
Any feedback, suggestions, or ideas you provide regarding the Platform shall become the exclusive property of WiseNotary without obligation of compensation.
7. User Obligations and Acceptable Use
You agree to use the Platform only for lawful purposes. You shall not:
- Use the Platform for any illegal or unauthorized purpose
- Upload forged, fraudulent, or misleading documents
- Attempt to gain unauthorized access to systems, accounts, or data
- Interfere with or disrupt the Platform's infrastructure
- Reverse engineer, decompile, or disassemble the Platform
- Use automated bots or scrapers without authorization
- Transmit viruses, malware, or harmful code
- Impersonate any person or entity
- Violate applicable laws, regulations, or third-party rights
Users are solely responsible for the accuracy, completeness, and legality of all documents submitted through the Platform.
8. Service Providers, Subcontractors, and Independent Contractors
8.1 Independent Status
Service Providers operating through the Platform are independent contractors, not employees, agents, or representatives of WiseNotary. WiseNotary's staff subcontractors who perform courier, apostille-ordering, and coordination tasks also operate as independent contractors, not employees.
8.2 Qualifications
WiseNotary endeavors to verify credentials of Service Providers but does not guarantee, endorse, or warrant their quality, accuracy, or legal compliance. Users should independently verify qualifications.
8.3 Disputes
Disputes between Users and Service Providers are primarily the responsibility of the parties involved. WiseNotary may, at its sole discretion, facilitate resolution but is under no obligation to do so.
9. Disclaimers and Limitation of Liability
9.1 Disclaimer of Warranties
THE PLATFORM AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WISENOTARY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WiseNotary does not warrant that:
- The Platform will be uninterrupted, timely, secure, or error-free
- Results obtained will be accurate or reliable
- Documents processed will be legally valid, enforceable, or accepted in any jurisdiction
- Government agencies, courts, or institutions will accept documents processed through the Platform
- Courier deliveries or apostille orders will be completed within any specific timeframe
- Any defects will be corrected
9.2 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WISENOTARY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, LICENSORS, AND PARTNERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITIES.
This limitation applies to damages arising from:
- Your use of or inability to use the Platform
- Documents processed, notarized, translated, or legalized through the Platform
- Conduct or content of any third party on the Platform
- Unauthorized access to or alteration of your data
- Delays or failures in courier delivery or apostille/legalization processing
- Rejection of documents by any government agency, court, or institution
- Errors, mistakes, or inaccuracies in the Platform
- Any interruption or cessation of the Platform
9.3 Aggregate Liability Cap
In no event shall WiseNotary's total aggregate liability exceed the greater of: (a) amounts paid by you during the twelve (12) months preceding the claim; or (b) one hundred U.S. dollars ($100.00).
9.4 Exceptions
Nothing in these Terms excludes liability for death or personal injury caused by negligence, fraud, or any liability that cannot be excluded under applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless WiseNotary, its affiliates, officers, directors, employees, agents, subcontractors, licensors, and partners from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:
- Your use of or access to the Platform
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your Content or documents submitted
- Any dispute between you and a Service Provider
- Your infringement of any third-party rights
- Any misrepresentation made by you
11. Data Protection and Privacy
Your use of the Platform is governed by our Privacy Policy, incorporated by reference. WiseNotary implements industry-standard security measures including AES-256 encryption, secure data centers, and regular audits. However, no method of electronic storage is 100% secure.
12. Business Partnerships and White-Label Services
WiseNotary offers partnership programs including White-Label solutions, Franchise partnerships, API integrations, and Referral programs. Participation is subject to separate written agreements.
WiseNotary shall not be liable for any losses arising from a Partner's operations, marketing, or customer relationships. Partners shall indemnify WiseNotary against all claims arising from their use of the White-Label solution or franchise operation.
13. Franchise-Specific Terms
Franchisees operate as independent business entities. WiseNotary provides the technology platform, brand license, training, and operational support, but the franchisee is solely responsible for local operations, regulatory compliance, employment, tax obligations, customer disputes, insurance, and all liabilities arising from operations.
14. Termination
14.1 Termination by User
You may terminate your account at any time. Termination does not entitle you to a refund of prepaid fees unless required by law.
14.2 Termination by WiseNotary
WiseNotary may suspend or terminate your access at any time, with or without cause, including for violation of these Terms, fraud, non-payment, or harmful conduct.
14.3 Effect of Termination
Upon termination: your license ceases; you must stop using the Platform; WiseNotary may delete your data after a reasonable retention period; and Sections 6, 9, 10, 15, and 16 survive termination.
15. Dispute Resolution
15.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions.
15.2 Arbitration
Any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration takes place in Wilmington, Delaware, or remotely. The arbitrator's decision is final and binding.
15.3 Class Action Waiver
YOU AND WISENOTARY AGREE THAT EACH MAY BRING CLAIMS ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
15.4 Exceptions
Either party may seek injunctive or equitable relief in any court to protect its intellectual property rights.
16. General Provisions
16.1 Entire Agreement
These Terms, together with the Privacy Policy, Cookie Policy, and other referenced policies, constitute the entire agreement.
16.2 Severability
If any provision is unenforceable, the remaining provisions continue in full force and effect.
16.3 Waiver
Failure to enforce any provision shall not constitute a waiver.
16.4 Assignment
You may not assign these Terms without our consent. WiseNotary may assign without restriction.
16.5 Force Majeure
WiseNotary shall not be liable for failures due to events beyond reasonable control, including natural disasters, wars, terrorism, pandemics, government actions, power failures, internet disruptions, or third-party service failures.
16.6 Modifications
WiseNotary may modify these Terms at any time. Material changes will be communicated at least 30 days before taking effect.
16.7 Contact
Wisenotary LLC
Email: legal@wisenotary.com
Website: wisenotary.com