Terms of Service
1. Agreement
These Terms of Service ("Terms") are an agreement between you and Notary Nexxus LLC ("Notary Nexxus", "we", "us") about the Notary Nexxus website and software (the "Service").
How you accept. If you have an account, you accept these Terms by checking the box and clicking "Agree and continue" the first time you sign in, and again when we ask you to accept a significant update. Your signing service and our staff cannot accept these Terms for you. Joining the interest list on our website does not make these Terms binding on you; it is covered by our Privacy Policy and section 11.
2. Eligibility and authority
You must be at least 18 and use the Service for business purposes. If you use the Service for a company or other organization, you confirm that you have authority to accept these Terms for it, and "you" includes that organization. Before a notary signing service uses the Service with real signer, client or order information, including during a free beta, it must sign a separate written customer agreement through an authorized representative. That agreement controls if it conflicts with these Terms.
3. What the Service is
Notary Nexxus provides software that notary signing services, their clients, and notary signing agents use to manage notary signing orders: order intake, assignment, scheduling, messaging, and invoicing.
Notary Nexxus is a software provider. We are not a notary, a notary signing service, a law firm, or a title or escrow company. We do not perform notarizations, do not employ the signing agents who use the Service, and are not a party to the signing orders arranged through it. Nothing in the Service is legal, notarial, title or escrow advice. The Service is a software service, not a sale of goods. Each notary signing service is responsible for its own orders, clients, pricing, and the signing agents it works with, and each signing agent is responsible for following the notary laws that apply to them. Each signing service is responsible for its own legal obligations to the signers and clients whose information it enters.
4. Accounts
Accounts are created by a notary signing service for its staff, clients, and signing agents, or by Notary Nexxus. You are responsible for keeping your login secure and for activity under your account. You must promptly tell the notary signing service that set up your account if you believe it has been misused. Information you provide must be accurate and kept current.
5. Acceptable use
You agree not to: use the Service unlawfully; enter false information; access data belonging to another organization or person; circumvent security or access controls; introduce malicious code; use the Service to send spam or unlawful messages; copy, resell, or reverse-engineer the Service; or interfere with its operation.
6. Your right to use the Service
While your account is authorized, we give you a limited, non-exclusive, non-transferable, non-sublicensable and revocable right to use the Service for your own business purposes under these Terms. We reserve all rights not expressly granted.
7. Our intellectual property
The Service, including its software, design, documentation, and the Notary Nexxus name and logo, is owned by Notary Nexxus or its licensors. These Terms do not transfer any ownership to you.
8. Your data
You keep whatever rights you have in the information you provide to the Service. You give us only the rights reasonably necessary to host, copy, process, transmit, display, secure and support that information in order to provide the Service, as described in the Privacy Policy and any separate customer agreement. You are responsible for having the lawful right, and any notices or consents the law requires, for the information you enter, including signer information, and for the instructions you give through the Service.
9. Feedback
If you choose to send us ideas or suggestions about the Service, we may use them without any obligation to you.
10. Fees and payments
Use of the Service may be free of charge during an early-access period, and Notary Nexxus may introduce fees later. Any fees for a notary signing service, a notary signing agent, or a client will be set out in a separate written agreement or order form with that party before they are charged, and we will give reasonable advance notice before introducing or changing fees. Notary Nexxus does not currently process payments or hold funds between notary signing services, their clients, and signing agents; those parties pay each other directly. If we add payment features in the future, we will update these Terms and the Privacy Policy before they take effect.
11. Interest list, beta and preview features
Joining the interest list (including joining it during the beta) does not create an account, a contract or any obligation for you or for us, and confirming your email does not change that. While the beta runs, beta spots are limited and we choose which signing services to invite. Any beta or early pricing will be set out in a separate written agreement before you are charged. Beta and preview features may be incomplete, may change, and may be discontinued. We do not guarantee admission to the beta, any pricing, or availability. The beta program, its pricing and its timing may change or end; the interest list may continue after the beta ends. This section does not limit any responsibility that the law does not allow us to limit.
12. Third-party services
The Service relies on outside providers, including Google (sign-in and address suggestions), Supabase, Vercel, Resend and Cloudflare, each subject to its own terms. To the extent the law allows, we are not responsible for outages or changes caused by providers we do not control. This does not limit our responsibility for our own breach of these Terms.
13. Availability and changes
We work to keep the Service available but do not promise it will be uninterrupted or error-free. We may change, add, or remove features, with reasonable notice before any change that significantly reduces the Service.
14. Suspension
We may suspend all or part of your access if it is reasonably needed to address a security risk, suspected unlawful use, or a material breach of these Terms, or to protect the Service or its users. We will give notice where practical and restore access once the issue is resolved.
15. Ending use
You may stop using the Service at any time. A notary signing service may close accounts it created. We may close an account for a material breach of these Terms or for the reasons in section 14, with notice where practical. When an account ends, access ends, and its information is kept or deleted as described in Privacy Policy section 8 and any separate agreement. Any return or export of a signing service's data is handled under its separate agreement with us. Sections 7, 8, 9, 10 (for amounts already owed), 16, 17, 18, 22 and 23 continue to apply after your use ends.
16. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We do not promise that the Service will be error-free or that information in it will never be lost. We do not guarantee that any signing will be completed, that any signing agent is qualified or properly commissioned, or that any document or information entered into the Service is accurate.
17. Limitation of liability
TO THE FULLEST EXTENT THE LAW ALLOWS: (A) NOTARY NEXXUS IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR BUSINESS, OR LOSS OR CORRUPTION OF DATA; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE GREATER OF THE AMOUNT YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR US$100. These limits do not apply to liability for fraud, gross negligence or willful misconduct, or to anything the law does not allow to be limited, and they do not limit your obligations under section 18 or to pay amounts owed. Some places do not allow these limits, so they may not apply to you.
18. Indemnity
If you use the Service for a business, you will defend and indemnify Notary Nexxus against third-party claims, and the resulting losses and reasonable costs, to the extent they arise out of or relate to: information you entered without the right or authority to do so; your violation of law; your misuse of the Service; or your material breach of these Terms. This does not apply to the extent a claim is caused by Notary Nexxus's own negligence, gross negligence or willful misconduct. We will tell you promptly about the claim (a delay only reduces your obligation to the extent it actually harms your defense), let you control its defense, and cooperate reasonably at your cost. We may join the defense with our own lawyer at our own cost. You will not settle a claim in a way that admits fault for us or binds us without our written consent.
19. Events outside our control
Neither of us is responsible for a delay or failure caused by an event beyond its reasonable control, such as a natural disaster, epidemic or pandemic, government order, power, internet or utility outage, failure of a hosting or other third-party provider, labor dispute, or a cyberattack that was not caused by a failure to maintain reasonable safeguards. The affected party must give notice when practical and work to reduce the effect. This section never excuses an obligation to pay. If the event lasts more than 60 days, either party may end the affected service.
20. Assignment
You may not transfer these Terms without our written consent. We may transfer them to an affiliate or as part of a merger, acquisition, reorganization or sale of assets, and we will give notice of the transfer.
21. Electronic notices
You agree that we may give you notices about the Service electronically, by email to the address on your account or by posting them in the Service, where the law permits.
22. Governing law and disputes
These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-law rules. Any dispute relating to the Service will be brought in the state or federal courts located in Maricopa County, Arizona, and you and Notary Nexxus agree to those courts' jurisdiction.
23. General
- Entire agreement and order of precedence. These Terms and the Privacy Policy are the entire agreement about the Service, except that a separate written agreement or order form signed with us controls if it conflicts with these Terms.
- Severability. If any part of these Terms cannot be enforced, the rest stays in effect.
- No waiver. If we do not enforce a provision, we have not given up the right to enforce it later.
- No third-party beneficiaries. These Terms do not give rights to anyone other than you and Notary Nexxus.
- Export and sanctions. You may not use the Service in violation of U.S. export-control or sanctions laws, or if you are on a U.S. government restricted-party list.
- Changes. We may update these Terms, but only going forward. Each version shows its "last updated" date and version number, and we keep a permanent record of every earlier version and of each acceptance. For a significant change, we give account holders reasonable advance notice by email and in the Service, and the revised Terms apply to your future use only after you accept them with "Agree and continue" at your next sign-in. A change never applies to a dispute that arose before the change took effect; that dispute stays governed by the version in effect when it arose. If you do not accept a significant change, you may stop using the Service.