Legal

Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your access to and use of the MyNotary platform, website, and services (collectively, the "Service"), operated by MyNotary ("MyNotary", "we", "our", "us").

By accessing our website, placing an Order, or otherwise using the Service, you ("you", "Client") acknowledge that you have read, understood, and agreed to be bound by these Terms, together with our Cancellation Policy and our Privacy Policy, which form an integral part of these Terms.

If you do not agree to these Terms, you must not access or use the Service.

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2. Definitions

"Account" means the personal account created by the Client on the platform to access the Service.

"Access Link" means the personal and nominative link sent by MyNotary to the Client's email address, granting access to the secure platform on which the Client can upload documents, complete identity verification, and initiate their Session.

"Cancellation Policy" means the document available at uk.mynotary.io/legal/cancellation, which forms an integral part of these Terms.

"Client" or "you" means the natural or legal person who orders and pays for the Service.

"Content" means any document, information, image, video, or data uploaded, transmitted, or generated by the Client through the Service.

"Notary" means the qualified notarial professional (commissioned notary or equivalent qualified professional) appointed by MyNotary to perform the notarisation.

"Order" means a confirmed order for one or more notarisation Services, evidenced by a validated payment and a confirmation email.

"Service" means the full on-demand notarisation service, comprising the provision of a qualified Notary, identity verification, document review, the live video Session, application of the notarial seal, and delivery of the executed documents.

"Session" means the live video session between the Client and the Notary, initiated on the Client's demand once their identity verification has been validated.

"Unitary Service" means, within an Order containing several services, each distinct notarisation service, identifiable by its own billing line.

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3. Eligibility and Account

3.1 Eligibility

To use the Service, you must:

(a) be at least 18 years of age;

(b) have the legal capacity to enter into binding contracts;

(c) provide accurate, current, and complete information when placing an Order;

(d) not be the subject of any sanctions list, restriction, or prohibition that would prevent us from providing the Service to you;

(e) not have been previously suspended or terminated from the Service.

3.2 Account Creation

Placing an Order may require the creation of an Account. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You undertake to notify us immediately of any unauthorised use of your Account.

3.3 Accuracy of Information

You undertake to provide and maintain accurate, complete, and up-to-date information at all times. MyNotary shall not be liable for any consequence resulting from inaccurate, incomplete, or outdated information provided by you, including any failure to perform or delay in performing the Service.

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4. Description of the Service

4.1 Nature of the Service

MyNotary provides an on-demand remote online notarisation platform that connects Clients with qualified Notaries. The Service comprises:

(a) submission and review of the document to be notarised;

(b) identity verification of the Client through our certified identity verification provider;

(c) a live video Session with a qualified Notary;

(d) application of the notarial seal and signature;

(e) delivery of the executed document to the Client;

(f) generation of a cryptographic audit trail attesting to the execution of the Service.

4.2 On-Demand Service

The Service is provided on demand. Once the Order is validated and the Access Link is sent, the Client may initiate their identity verification and Session at any time within the Access Link validity period set out in the Cancellation Policy.

4.3 Role of MyNotary

MyNotary operates as a technology platform facilitating notarisation services. The notarial act itself is performed by the qualified Notary, who acts in accordance with their own professional rules and obligations. MyNotary does not provide legal advice and is not a law firm.

4.4 No Guarantee of Acceptance by Third Parties

MyNotary guarantees that the notarial act is performed in accordance with the applicable legal requirements of England and Wales (or Scotland where applicable). However, MyNotary does not guarantee that the executed document will be accepted by any specific third party, authority, court, or jurisdiction. Acceptance by receiving authorities may be subject to additional requirements (apostille, legalisation, certified translation, etc.) that are the sole responsibility of the Client.

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5. Ordering Process

5.1 Placing an Order

To place an Order, the Client must:

(a) select the required Service through the platform;

(b) provide accurate information about the document and its intended use;

(c) accept these Terms and the Cancellation Policy;

(d) complete payment in accordance with section 6.

5.2 Order Confirmation

The Order is deemed concluded upon validation of payment and dispatch of the confirmation email by MyNotary. The Access Link is then sent automatically, generally within a few minutes following payment validation.

5.3 Right to Refuse an Order

MyNotary reserves the right to refuse or cancel any Order, in particular in the following cases:

(a) suspicion of fraud, money laundering, or any other unlawful activity;

(b) document containing unlawful or contrary to public policy content;

(c) Client subject to sanctions or restrictions;

(d) Client previously suspended or terminated;

(e) Client established in a jurisdiction not served by MyNotary;

(f) any other legitimate reason at MyNotary's reasonable discretion.

In the event of refusal before Service Commencement, the Order shall be fully refunded, less any non-recoverable fees as set out in the Cancellation Policy.

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6. Pricing and Payment

6.1 Prices

The prices of the Services are displayed on the platform at the time of the Order, in pounds sterling (£), inclusive of all applicable taxes unless otherwise stated.

6.2 Payment

Payment is due in full at the time of the Order, via the means of payment offered on the platform (credit card, debit card, and any other means we may offer from time to time). Payment is processed by our payment service provider (Stripe).

6.3 Currency and Fees

Payments are made in pounds sterling (£). MyNotary shall not be responsible for exchange rate variations or for fees charged by your bank or card issuer.

6.4 Invoicing

An electronic invoice is issued upon validation of payment and made available to the Client through their Account or by email.

6.5 Price Modifications

MyNotary reserves the right to modify its prices at any time. The price applicable to your Order is the price displayed at the time of payment validation.

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7. Identity Verification and KYC

7.1 Mandatory Verification

The Service is subject to a mandatory identity verification process, carried out through Persona, our certified identity verification provider. This verification is an essential and non-negotiable component of the Service.

7.2 Required Documents

The Client undertakes to provide valid, current, and authentic identity documents, in accordance with the requirements communicated through the platform.

7.2.1 Additional Identity Document

Depending on the Client's country of residence or the nature of the document to be notarised, a second identity document may be required during the verification process. The types of documents accepted vary by country and are communicated to the Client directly through the identity verification interface. The Client undertakes to have at least two valid identity documents available when initiating the verification process.

7.3 Refusal of Verification

In the event of failure or refusal of identity verification:

(a) MyNotary reserves the right to refuse to perform the Service;

(b) if Service Commencement has occurred, the refund and credit conditions set out in the Cancellation Policy apply;

(c) MyNotary reserves the right to report any suspicion of fraud or document forgery to the competent authorities.

7.4 Anti-Money Laundering Obligations

In accordance with applicable anti-money laundering and counter-terrorism financing regulations, MyNotary may request additional information from the Client and may suspend, refuse, or report any Order that gives rise to legitimate suspicion.

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8. Client Obligations

The Client undertakes to:

(a) use the Service in accordance with these Terms and applicable laws;

(b) provide accurate, complete, and truthful information;

(c) provide documents that are lawful, authentic, and free of any defect;

(d) cooperate in good faith with the Notary during the Session;

(e) have the technical means necessary for the proper performance of the Service (stable internet connection, working camera and microphone, suitable device);

(f) be alone in a quiet space during the Session, unless otherwise required by the nature of the deed (presence of a witness, joint signatory, etc.);

(g) not record, copy, distribute, or publish the Session without the express prior consent of MyNotary and the Notary;

(h) not impersonate another person or provide false identity information;

(i) not use the Service for unlawful, fraudulent, or contrary to public policy purposes;

(j) immediately report any error, anomaly, or security incident affecting the Service.

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9. Prohibited Uses

You may not use the Service to:

(a) notarise documents for unlawful, fraudulent, or contrary to public policy purposes;

(b) impersonate another person or use false identity documents;

(c) compromise the security or integrity of the platform;

(d) attempt to gain unauthorised access to other accounts, systems, or networks;

(e) introduce viruses, malware, or any other malicious code;

(f) scrape, extract, copy, or reuse the content of the platform without our express written consent;

(g) reverse engineer, decompile, or otherwise attempt to access the source code of the platform;

(h) use automated means (bots, scripts) to interact with the Service, except through our official APIs where available;

(i) circumvent or attempt to circumvent any security or access restriction measure;

(j) harass, threaten, or harm any Notary, MyNotary staff member, or other Client.

Any violation of this section may result in the immediate suspension or termination of the Account, without prejudice to any other remedies available to MyNotary.

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10. Intellectual Property

10.1 Platform

The platform, including its software code, design, graphic elements, texts, logos, and trademarks, is the exclusive property of MyNotary or its licensors and is protected by intellectual property laws. Any reproduction, representation, modification, or commercial use, in whole or in part, is strictly prohibited without our express prior written consent.

10.2 Client Content

You retain ownership of the Content you upload through the Service. By uploading Content, you grant MyNotary a non-exclusive, worldwide, royalty-free licence to host, process, transmit, and display the Content for the strict purposes of performing the Service and complying with our legal obligations (including archiving and traceability).

10.3 Executed Documents

You retain ownership of the notarised documents. MyNotary retains a copy of executed documents and associated audit trails in accordance with its legal obligations and for archiving purposes.

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11. Cancellations, Refunds, and Credits

11.1 Reference to the Cancellation Policy

Cancellations, refunds, credits, and the consequences of Service Commencement are governed exclusively by the Cancellation Policy, which forms an integral and inseparable part of these Terms. By accepting these Terms, you also accept the Cancellation Policy without reservation.

11.2 Key Points

Without prejudice to the full content of the Cancellation Policy, the Client's attention is specifically drawn to the following points:

(a) Service Commencement triggers the loss of the right of cancellation for UK consumers, in accordance with regulation 36 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013;

(b) Service Commencement is established as soon as the Client initiates identity verification on the platform;

(c) once Service Commencement has occurred, no cash refund is due, in whole or in part, subject to the exceptions strictly set out in the Cancellation Policy;

(d) in the event of technical unavailability or non-performance not engaging the exclusive fault of MyNotary, the sole remedy of the Client is the issuance of a Credit, valid for 12 months;

(e) cash refunds, when due, are processed within up to 30 calendar days, except in the case of statutory cancellation rights;

(f) the Access Link has a validity period of 30 calendar days, beyond which the Service is deemed performed without any refund or Credit;

(g) any abusive chargeback exposes the Client to the consequences set out in the Cancellation Policy, including recovery of bank fees, administrative fees, and legal fees.

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12. Liability

12.1 MyNotary's Liability

MyNotary undertakes to perform the Service with reasonable care and skill, in accordance with applicable professional standards. However, MyNotary's liability is strictly limited as set out below.

12.2 Limitation of Liability

To the maximum extent permitted by applicable law:

(a) MyNotary's total liability, all causes combined, is strictly limited to the amount of fees actually paid by the Client for the relevant Unitary Service;

(b) MyNotary shall not be liable for indirect, consequential, incidental, special, or punitive damages, including, without limitation, loss of profits, loss of opportunity, loss of data, business losses, third-party fees, delays in third-party proceedings, or moral or reputational harm;

(c) MyNotary shall not be liable for the rejection of a notarised document by any third party, authority, court, or jurisdiction, where such rejection is unrelated to a fault by the Notary in the performance of the notarial act;

(d) MyNotary shall not be liable for the consequences of inaccurate, incomplete, or false information provided by the Client.

12.3 Excluded Liability

The above limitations do not apply to:

(a) liability that cannot be excluded or limited under mandatory English law;

(b) death or personal injury caused by MyNotary's negligence;

(c) fraud or fraudulent misrepresentation by MyNotary.

12.4 Notary's Liability

The Notary is personally responsible for the notarial act they perform, in accordance with their own professional rules. MyNotary acts as a technology intermediary and shall not be held liable for the personal acts and omissions of the Notary in the exercise of their professional duties.

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13. Indemnification

You agree to indemnify, defend, and hold harmless MyNotary, its directors, officers, employees, contractors, and partners from and against any claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising from:

(a) your breach of these Terms or the Cancellation Policy;

(b) your violation of any applicable law;

(c) inaccurate, incomplete, or false information provided by you;

(d) your use of the Service in a manner contrary to its intended purpose;

(e) any abusive chargeback initiated by you, in accordance with the conditions of the Cancellation Policy;

(f) any third-party claim arising from your Content or your use of the Service.

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14. Suspension and Termination

14.1 Suspension

MyNotary reserves the right to suspend, immediately and without notice, your access to the Service in the event of:

(a) suspected violation of these Terms or the Cancellation Policy;

(b) suspected fraud, money laundering, or other unlawful activity;

(c) initiation of an abusive chargeback;

(d) failure to pay any sums due;

(e) any reasonable threat to the security, integrity, or proper operation of the Service.

14.2 Termination

MyNotary may terminate your Account and refuse any future Order at any time, in particular in the event of repeated or serious breach of these Terms.

14.3 Consequences of Termination

Termination does not give rise to any refund of sums already paid for Services performed or in the course of performance. Provisions which, by their nature, must survive termination (in particular sections relating to liability, indemnification, intellectual property, and applicable law) shall remain in force.

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15. Data Protection and Privacy

The processing of your personal data is governed by our Privacy Policy, which forms an integral part of these Terms. By accepting these Terms, you acknowledge having read the Privacy Policy.

In particular, MyNotary processes your personal data:

(a) to provide the Service;

(b) to comply with its legal and regulatory obligations (in particular anti-money laundering, archiving of notarial deeds);

(c) to ensure the security and integrity of the platform;

(d) to manage disputes and chargebacks.

You have the rights provided by applicable data protection regulations (UK GDPR, Data Protection Act 2018), which you may exercise under the conditions set out in the Privacy Policy.

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16. Force Majeure

MyNotary shall not be liable for any failure or delay in the performance of its obligations resulting from any event of force majeure, in particular:

(a) power outages, telecommunication failures, or internet outages;

(b) failures of our third-party providers (payment processor, identity verification, video platform, hosting, signature, etc.);

(c) cyberattacks, intrusions, or breaches of platform security;

(d) governmental, regulatory, or judicial actions;

(e) strikes, lockouts, or social conflicts;

(f) natural events (earthquakes, floods, storms, etc.);

(g) epidemics, pandemics, or health crises;

(h) wars, terrorism, civil unrest;

(i) any other event beyond MyNotary's reasonable control.

In such cases, MyNotary's obligations shall be suspended for the duration of the event, and the consequences for Clients shall be governed by the Cancellation Policy (including, where applicable, the issuance of a Credit).

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17. Notices and Communications

17.1 Notices to the Client

Notices and communications from MyNotary to the Client are made by email to the address provided by the Client when placing the Order. The Client undertakes to maintain a valid and consulted email address.

17.2 Notices to MyNotary

Notices and communications from the Client to MyNotary must be sent by email to support@mynotary.io from the email address used at the time of the Order.

17.3 Customer Support

Customer support is available by email at support@mynotary.io. Response is guaranteed within 48 business hours.

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18. Modification of the Terms

MyNotary reserves the right to modify these Terms at any time. The version applicable to your Order is the version in force at the time you validate your payment, and is archived in our systems with a unique version number. Subsequent modifications do not apply retroactively to your Order. You are invited to review the version in force at each new Order.

In the event of a substantial modification, MyNotary shall use reasonable efforts to inform you, in particular by email or by notice on the platform.

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19. Assignment

You may not assign, transfer, or sublicense your rights or obligations under these Terms without our express prior written consent. MyNotary may freely assign or transfer these Terms, in whole or in part, in particular as part of a sale, merger, reorganisation, or restructuring operation.

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20. Severability

If any clause of these Terms is found to be unenforceable, illegal, or inapplicable by a competent court, that clause shall be modified to the minimum extent necessary to make it enforceable, and the remaining clauses shall remain in full force and effect. Nothing in these Terms affects the statutory rights of consumers that cannot be excluded or limited under mandatory English law.

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21. Entire Agreement

These Terms, together with the Cancellation Policy and the Privacy Policy, constitute the entire agreement between you and MyNotary regarding the use of the Service, and supersede any prior agreement or communication, oral or written, relating to the same subject matter.

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22. Waiver

The fact that MyNotary does not exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver shall only be effective if expressly granted in writing by MyNotary.

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23. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Disputes are subject to the exclusive jurisdiction of the courts of England and Wales, subject to the right of consumers residing in another jurisdiction to also bring proceedings before the courts of their country of residence where required by mandatory consumer protection law.

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24. Contact

Any question regarding these Terms should be addressed to:

MyNotary

Email: support@mynotary.io

Website: uk.mynotary.io

Response guaranteed within 48 business hours.

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