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Terms & Conditions Of CloseWise

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Terms & Conditions

Last Updated: April 1, 2024

 

THESE TERMS INCLUDE LIMITATIONS ON CLOSEWISE’ LIABILITY AND YOUR AVAILABLE REMEDIES IF WE EVER HAVE A LEGAL DISPUTE. THIS INCLUDES A CLASS ACTION WAIVER, WHICH MEANS YOU AGREE NOT TO PURSUE CLASS ACTIONS, PUBLIC INJUNCTIONS, OR REPRESENTATIVE CLAIMS WITHOUT MUTUAL CONSENT, EXCEPT FOR SMALL COURT CLAIMS. PLEASE SEE SECTION 15 BELOW FOR MORE INFORMATION ON CLASS ACTION WAIVERS.

 

CloseWise User Terms of Use

Welcome to CloseWise, Inc. (“CloseWise,” “we,” “us,” or “our”). Please read on to learn the terms, rules, and restrictions (“Terms of Use” or “Terms”) that govern your (“You” or “Your” or “User”) use of our website (www.CloseWise.com) or any other websites of CloseWise (collectively, the “Website”) and Your use of our online platform (“Platform” or “Platforms”) or resources available or enabled via, or that interact with, the Website. The Platform and Website collectively make up the services offered by CloseWise (the “Services”).

You are a user of CloseWise’ Services and are either (1) an individual or entity that has been invited or authorized by a Subscribing Customer (as defined below) to utilize the Services through an account controlled by the Subscribing Customer, or (2) a Notary or Attorney using the Services for business purposes (“Notary” or “Attorney”). You represent that You have read, understand, and agree to be bound by the Terms and, if You are a Notary or Attorney, the Supplemental Notary Terms; that You are of legal age to form a binding contract with CloseWise; and that You have the authority to enter into the Terms personally or on behalf of the entity You named as the user, and to bind that entity to the Terms. You also represent that You have read, understand, and agree to be bound by CloseWise’ Acceptable Use Policy and Privacy Policy.

The Terms (including the Supplemental Notary Terms) constitute a legally binding agreement between You and CloseWise governing Your use of CloseWise’ Services. If You do not agree to these Terms, You must cease using the Services immediately.

These Terms of Use do not create and are not intended to create any rights in third parties, and CloseWise disclaims any intent to create third-party beneficiary rights by these Terms of Use, the Supplemental Notary Terms, or CloseWise’ Acceptable Use Policy and Privacy Policy.

We may, from time to time, modify these Terms (including the Supplemental Notary Terms). If so, we will post the updates on the Website. If You do not agree to, or cannot comply with, the updated Terms, You must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to You. Your use of the Services after an update constitutes Your acceptance of the updated Terms or Supplemental Notary Terms.

CloseWise User Terms of Use Sections

  1. YOUR PRIVACY
  2. ELIGIBILITY
  3. IDENTITY CONFIRMATION AND COMMUNICATION TERMS
  4. CUSTOMERS AND SERVICES
  5. USER GENERATED CONTENT
  6. CLOSEWISE’ ROLE IN CONNECTING NOTARIES AND ATTORNEYS WITH CUSTOMERS
  7. NO GUARANTEES
  8. LIMITS ON LIABILITY
  9. YOUR INDEMNITY
  10. PLATFORM ACCESS
  11. RELEASE FROM THIRD-PARTY ACTIONS, INCLUDING NOTARIES AND ATTORNEYS
  12. OWNERSHIP
  13. DURATION AND ENDING TERMS
  14. THIRD-PARTY SOFTWARE
  15. OTHER TERMS
  • Supplemental Notary Terms
  • NOTARY AND ATTORNEY ELIGIBILITY
  • RELATIONSHIP WITH CLOSEWISE
  • ACCOUNT REQUIREMENTS
  • VERIFICATION
  • FINANCIAL TERMS & FEES
  • WARRANTIES OF NOTARY OR ATTORNEY
  • LIMITATION OF LIABILITY
  • CloseWise Acceptable Use Policy
  1. YOUR PRIVACY

Please take a moment to read our Privacy Policy, available at https://www.closewise.com/privacy-policy, which outlines how we handle Your personal information.

You understand and consent that CloseWise may access, retain, or disclose Your information when we reasonably believe it’s necessary to address potential illegal activities, meet legal or regulatory requirements, or investigate related concerns. We may also use or share Your information in cases involving risks to someone’s safety, breaches of our Privacy Policy, Acceptable Use Policy, or these Terms (including the Supplemental Notary Terms), or to address third-party rights violations. This could include protecting CloseWise, our staff, Subscribing Customers, Users (including Notaries and Attorneys), or the public, and may involve sharing details with authorities, courts, or other entities as needed.

  1. ELIGIBILITY

You agree that by using the Services You are at least 18 years of age, You are a resident of the United States, and You are legally able to enter into a contract. If You do not meet these Eligibility requirements, You do not have permission to access the Services. If CloseWise has previously prohibited You from accessing the Services, You do not have permission to access the Services unless expressly reauthorized by CloseWise.

  1. IDENTITY CONFIRMATION AND COMMUNICATION TERMS

Confirming Your Identity. By using the Services, You permit CloseWise, either directly or via third-party partners, to conduct checks we deem necessary to validate Your identity or protect against fraud. This could involve requesting details like a government-issued ID (such as a driver’s license or passport), a photo (which may include biometric information), Your birth date, or other data. We may also ask You to verify ownership of Your email or other accounts through specific actions.

Validating Your Signature. You allow CloseWise, either on our own or through third parties, to confirm that a signature is Yours by leveraging personal details tied to Your account, such as login information, email confirmation, IP address, or usage patterns.

You understand that CloseWise is not obligated to verify—or attempt to verify—the claimed identity of any User, Subscribing Customer, Notary, or Attorney beyond the optional “CloseWise Verified” process outlined in Section 6. Except for that limited credential review for Verified status applicants, we do not guarantee or assure the true identity of anyone using the Services and offer no endorsement of individuals or entities registered on the Platform.

Text Message Updates. If You choose to receive text message notifications about Your account or transactions, the following conditions apply:

When You sign up for text updates, You’ll get a confirmation message to finalize Your enrollment. Standard message and data rates may apply depending on Your carrier. For assistance, text “SUPPORT” for support. To stop receiving texts, text “STOP” to opt out.

You can end text notifications anytime by texting “STOP.” After sending “STOP,” You’ll receive a message confirming Your opt-out, and no further texts will be sent. To restart the service later, simply sign up again as You did initially.

  1. CUSTOMERS AND SERVICES

CloseWise User. CloseWise provides an online Platform and professional database that offers different services depending on user type, facilitating the scheduling of notaries and attorneys for a variety of legal, transactional, and documentation services.

Subscribing Customers. This term refers to (a) title, escrow, signing service, or other professional customers that use CloseWise’ scheduling services to arrange for notaries or attorneys to assist their Signers with document execution for various transactions, including but not limited to loan closings, real estate transactions, or other legal services, and (b) lenders or other entities using the Services to enable transactions requiring notary or attorney involvement, including secondary market or other professional services. Subscribing Customers subscribe to the Services through separately negotiated agreements (“Subscribing Customer Agreements”) that govern their relationship with CloseWise—not these Terms.

Signers. Individuals and entities who are executing documents for transactions or legal matters (such as borrowers, guarantors, clients, or other parties) and working with Subscribing Customers to complete their transactions or services (“Signers”).

Participants. Other parties related to a particular transaction or service (such as real estate agents, legal representatives, or others not employed by a Subscribing Customer) seeking to monitor the signing or execution of documents by the Signers with the Subscribing Customer’s permission (“Participants”).

Notaries and Attorneys. Individual notary signing agents or attorneys seeking to advertise on the Platform, provide professional services (such as notarization, document review, or legal oversight) to the Subscribing Customers, and schedule or accept requests to schedule service appointments (“Service Appointments”). All Notaries and Attorneys that utilize the Services agree to and are bound by the Supplemental Notary Terms as well.

Our Services. CloseWise provides a platform to connect Subscribing Customers, Signers, Participants, Notaries, and Attorneys for the purpose of scheduling and completing a wide range of services requiring notarization or legal expertise. These services may include, but are not limited to, loan closings, real estate transactions, estate planning, contract execution, and other professional services where notaries or attorneys are required. CloseWise also offers a Notary Platform that lets Notaries advertise their services, manage Service Appointments, and use additional features for their business, even for work not directly booked through CloseWise.

Payment and Pricing Changes. CloseWise reserves the right in the future to require payment for certain or all aspects of the Services, change prices, or institute new charges, upon notice to You, which may be sent by email or posted on the Platform. Your use of the Platform following such notification constitutes Your acceptance of any new or increased charges.

  1. USER GENERATED CONTENT

“User Generated Content” means any and all information and content that You submit to or use in connection with the Services, including uploaded documents, statements, invoices, messages, calls, service requests, and Notary or Attorney Service Assignments.

You are responsible for Your User Generated Content. You assume all risks associated with the use of Your User Generated Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of Your User Generated Content that makes You or any third party personally identifiable.

CloseWise reserves the right in its sole discretion to pre-screen, refuse, or remove any User Generated Content without prior notice to You. You acknowledge that we have no obligation to pre-screen, monitor, review, or edit Your – or anyone else’s – User Generated Content, and that we have no responsibility or liability related to the accuracy of User Generated Content.

By accessing and using the Services, You:

  • Acknowledge and agree that when You submit certain User Generated Content, it may be accessed by or shared with others, including a Signer, Subscribing Customer, Notary, Attorney, or Participant;
  • Represent and warrant that Your User Generated Content does not violate the Acceptable Use Policy, and agree that we have a right (but not a duty) to review, edit, and monitor User Generated Content for the purpose of operating and improving the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes, analytics, and advertising), ensuring Your compliance with these Terms. You further agree that we have a right (but not a duty) to review, monitor, and share User Generated Content to comply with applicable law, court orders, consent decrees, administrative agency or other governmental body, or law enforcement requests;
  • Represent and warrant that the User Generated Content You provide contains information that You are allowed to provide without violating any obligations You might have to a third party, including any confidentiality obligations; and
  • Agree that You are responsible for creating backup copies of Your User Generated Content if You desire. You agree that CloseWise has no responsibility or liability for the deletion of any User Generated Content, the failure to store, transmit, or receive transmission of User Generated Content, or the security, privacy, storage, or transmission of other communications, including scheduling alerts originating with or involving use of the Platform.

Subscribing Customers may request and use Your User Generated Content when they use CloseWise’ Services. In such cases, You agree that it is solely Subscribing Customers’—and not CloseWise’—responsibility to:

  • Inform You of any relevant Subscribing Customer’s policies and practices and any settings that may impact Your access or User Generated Content;
  • Obtain any rights, permissions, or consents from You and any Users that are necessary for the lawful use of User Generated Content while operating on the Platform;
  • Ensure that the transfer and processing of User Generated Content is lawful; and
  • Respond to and resolve any dispute a Subscribing Customer has with You relating to or based on User Generated Content, including access to User Generated Content by third parties, or Subscribing Customer obligations.
  1. CLOSEWISE’ ROLE IN CONNECTING NOTARIES AND ATTORNEYS WITH CUSTOMERS

CloseWise Provides a Platform, Not Employment. The CloseWise Services serve as a tool that allows Subscribing Customers to find, contact, and engage Notaries or Attorneys for various professional tasks, while also enabling payment transactions between these parties. CloseWise does not act as an employer or employment agency for Notaries or Attorneys. When a Subscribing Customer chooses to hire a Notary or Attorney, the agreement is solely between those two parties—CloseWise is not involved in that arrangement. Notaries and Attorneys using the Platform understand that they perform their services exclusively for the Subscribing Customers who hire them, not for CloseWise. Requesting or providing these services through the Platform does not establish any employment, agency, or similar relationship between CloseWise and the Notary or Attorney.

CloseWise has no authority over:

  • The quality, legality, or safety of the services provided by Notaries or Attorneys;
  • Whether Notaries or Attorneys are capable of delivering their professional services;
  • The payment process between Subscribing Customers and Notaries or Attorneys;
  • How Notaries or Attorneys carry out their work, including supervision or direction;
  • The scheduling or location of Notary or Attorney services;
  • Decisions about compensation amounts or payment methods for any service engagement;
  • Supplying Notaries or Attorneys with tools, materials, or training for their assignments;
  • Offering evaluations or reviews of Notaries or Attorneys—any feedback visible on their profiles comes from Users or Subscribing Customers, though CloseWise may adjust such feedback algorithmically; or
  • Recommending or vouching for any Notary, Attorney, or their work.

What “CloseWise Verified” Means: Certain Notaries and Attorneys may seek a “CloseWise Verified” designation by submitting professional credentials, such as notary commissions, attorney licenses, background checks, insurance details, government-issued ID, or applicable bonds. CloseWise evaluates these submissions and, if they meet our criteria, awards the Verified status. This designation does not alter the relationship between CloseWise and these professionals—Verified Notaries and Attorneys are treated the same as all others under these Terms and the Supplemental Notary Terms.

To be clear, CloseWise does not employ Notaries or Attorneys, nor do they act as our independent contractors or representatives. They lack any power to make agreements or commitments on behalf of CloseWise, whether written, spoken, or implied. CloseWise is not responsible for any disputes, liabilities, or issues arising from agreements between Subscribing Customers and Notaries or Attorneys, except where CloseWise has explicitly agreed to handle payment facilitation or as outlined in separate contracts with Subscribing Customers. We are also not liable for the actions or services provided by Notaries or Attorneys. This section does not modify any explicit employment or contractor agreements that may exist directly between Notaries or Attorneys and Subscribing Customers.

  1. NO GUARANTEES

You accept that CloseWise offers its Services “as is” and “as available,” with all imperfections included. We explicitly reject any warranties, whether stated or assumed, such as those for merchantability, quality, title, non-infringement, or suitability for a specific use. To the fullest extent allowed by law, CloseWise dismisses all implied or statutory assurances arising from legal provisions, trade practices, or prior dealings. We don’t promise that the Services will be flawless, virus-free, or safe from harmful elements. The full risk of using our Services rests with You.

Occasionally, CloseWise may introduce “beta” features or tools for You to try out. These are provided purely for testing purposes, without any assurances, and we can alter or end them at our discretion with no notice. This section’s terms apply fully to such experimental offerings.

Special Note on Notaries and Attorneys: Beyond the credential review for “CloseWise Verified” status (see Section 6), CloseWise makes no claims about the performance or reliability of Notaries or Attorneys. You acknowledge that we offer no guarantees—explicit or implied—about their services, their ability to deliver, or their behavior. Choosing and working with a Notary or Attorney is entirely Your responsibility.

Certain areas may not permit limits on implied warranties. If that applies to You, some of these disclaimers might not hold, and You could have extra rights.

No guidance or details You get from CloseWise, whether spoken or written, creates any warranty.

  1. LIMITS ON LIABILITY

You agree that, to the greatest extent law allows, You assume all risks from using our Services. Neither CloseWise nor anyone else benefiting from the Services will be responsible for indirect, special, punitive, or consequential damages, lost earnings, data loss, goodwill harm, service disruptions, or system failures. This includes injuries, emotional distress, or issues from interactions with others tied to Your use of the Services.

These limits apply to all claims linked to the Services, these Terms (including Supplemental Notary Terms), Privacy Policy, or Acceptable Use Policy, no matter the legal basis—contract, tort (like negligence), or otherwise—whether we foresaw the harm or not, and even if a remedy here doesn’t work as intended.

If, despite these limits, You have a valid claim against us, Your sole recovery—whether from CloseWise or our affiliates and licensors—is capped at what You paid for the Services in the six months before the issue arose (or $100 if You paid nothing). See Section 7 of the Supplemental Notary Terms for more liability limits specific to payment services.

Some regions don’t allow excluding certain damages, so these restrictions might not fully apply to You.

  1. YOUR INDEMNITY

You commit to defend, indemnify, and shield CloseWise, along with our suppliers, licensors, leadership, staff, and agents, from losses, costs, liabilities, and expenses (including reasonable legal fees) due to third-party claims related to: (i) Your use of the Services; (ii) Your violation of these Terms (including Supplemental Notary Terms); (iii) Your breach of laws or regulations; or (iv) Your handling or sharing of personal information (including User Generated Content) on the Platform.

CloseWise can take over the defense of any indemnified matter at Your cost, and You’ll assist us as needed. You won’t settle any such issue without our written approval. We’ll aim to inform You of claims we learn about unless law or court orders prevent it, and You must do the same. This doesn’t require indemnity for CloseWise’s intentional fraud or unconscionable acts.

  1. PLATFORM ACCESS

You are responsible for obtaining and maintaining any equipment, software, or internet access necessary to use the Services. CloseWise grants You access to the Platform solely for Your personal or professional use as permitted by these Terms. You may not share Your account credentials with others or allow unauthorized access to the Platform. CloseWise may update or modify the Platform at any time, and access may be interrupted for maintenance, upgrades, or technical issues without prior notice.

  1. RELEASE FROM THIRD-PARTY ACTIONS, INCLUDING NOTARIES AND ATTORNEYS

When dealing with other Users, Subscribing Customers, or third parties through the Services, use care and judgment to safeguard Your well-being and belongings, just as You would with strangers in everyday life. Your behavior must align with the CloseWise Acceptable Use Policy.

You agree that—except for CloseWise’s role as a limited payment facilitator for Notaries and Attorneys per Section 5 of the Supplemental Notary Terms—Your dealings with other Users (including Notaries and Attorneys), Subscribing Customers, or anyone else via the Services, whether online or in person, are Your responsibility alone. CloseWise, along with our employees, leadership, representatives, agents, affiliates, and licensors, has no duty to oversee or manage these interactions and bears no liability for any issues, injuries, or damages stemming from them, aside from our payment facilitation duties.

CloseWise may choose to observe interactions between Users, Subscribing Customers, or others but isn’t required to do so or to step in and settle disputes, even if You ask us to. Your actions on the Platform are governed by our Acceptable Use Policy.

California Civil Code Section 1542 Waiver: If You live in California, You waive Section 1542 of the California Civil Code, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

This release doesn’t cover claims tied to CloseWise’s intentional misconduct, fraud, or unconscionable practices related to the Services.

  1. OWNERSHIP

Your Rights: You retain ownership of Your User Generated Content. By these Terms, You give CloseWise and our team, contractors, or vendors a global, non-exclusive, permanent, royalty-free license to use, process, copy, share, perform, or display Your User Generated Content to run, enhance, and provide the Services. You waive any moral rights claims related to this content.

Our Rights: CloseWise owns the Services and Platform, including all intellectual property. We grant You a limited, non-transferable, non-sublicensable license to use them. All unstated rights remain ours.

  1. DURATION AND ENDING TERMS

Duration: These Terms (including Supplemental Notary Terms) start when You first sign up, access, or use the Services and last until terminated or updated as described earlier.

Ending Terms: You can stop using the Services by closing Your Account or ceasing use. CloseWise may suspend or end Your access at our discretion, for reasons like violating these Terms, legal requests, service changes, technical issues, inactivity, safety concerns, inaccurate information, or Subscribing Customer requests.

After Termination: When these Terms end, Your license expires, access stops, and You must halt use. Some terms—like disclaimers, liability limits, class action waivers, and indemnification—survive. Termination may delete Your data, though we may keep and use it per these Terms and Privacy Policy.

  1. THIRD-PARTY SOFTWARE

The Platform may use software licensed from others (“Third-Party Software”), governed by “open source” or commercial terms. CloseWise isn’t responsible for the content, accuracy, privacy practices, or views in third-party sites or interactions You have via the Platform. We bear no liability for Third-Party Software’s offerings.

Third-Party Software follows its own terms (“Third-Party Terms”), which You should review. Your use of it is bound by those terms, though they don’t change these Terms, Supplemental Notary Terms, Privacy Policy, or Acceptable Use Policy. We offer no assurances about Third-Party Software.

  1. OTHER TERMS

Disclosures: California residents can report complaints to the Complaint Assistance Unit, Division of Consumer Product, California Department of Consumer Affairs at 400 R Street, Sacramento, CA 95814, or (800) 952-5210.

Notices: We communicate electronically via the Services or email. You consent to this, and electronic notices meet legal writing requirements.

Governing Law and Dispute Resolution: Disputes follow the laws of Your residence state (or business location). Courts in Richland County, South Carolina have jurisdiction. You agree not to pursue class actions, public injunctions, or representative claims without mutual consent, except for small claims in Richland County, South Carolina, or Your home county.

Waiver and Severability: No waiver by CloseWise extends beyond its instance, and invalid terms are adjusted minimally to keep the rest effective, with the Dispute Resolution subsection prevailing if conflicting.

Entire Agreement and Survival: These Terms, Supplemental Notary Terms, Privacy Policy, and Acceptable Use Policy are our full agreement, overriding prior deals. Surviving terms persist post-termination.

Questions: Contact us at support@closewise.com with concerns.




Supplemental Notary Terms

 

These Supplemental Notary Terms apply to Notaries and Attorneys utilizing the Services of CloseWise, Inc. For these terms, “You” or “Your” refers to a Notary or Attorney (“Notary” or “Attorney”). Please review these additional terms, rules, and restrictions (“Supplemental Notary Terms”), which are integrated into the CloseWise Terms of Use and govern Your use of our website (www.closewise.com), platform, applications, plug-ins, products, and other offerings (collectively, the “Services”). By accessing or using the Platform, You confirm that You have read, understood, and agree to be bound by these Supplemental Notary Terms, alongside the CloseWise Terms of Use, Privacy Policy, and Acceptable Use Policy.

Certain CloseWise Services may involve third-party providers, which could have their own terms for You to review. CloseWise does not control and is not responsible for the content, accuracy, privacy practices, or opinions expressed by these third parties or their products/services You encounter through the Platform.

THESE SUPPLEMENTAL NOTARY TERMS DO NOT OVERRIDE OTHER PROVISIONS IN THE CLOSEWISE TERMS OF USE, WHICH CONTINUE TO APPLY FULLY. THIS INCLUDES LIMITATIONS ON YOUR LEGAL REMEDIES AND CLOSEWISE’S LIABILITY. IF THERE’S A CONFLICT BETWEEN THE TERMS OF USE AND THESE SUPPLEMENTAL NOTARY TERMS, THESE SUPPLEMENTAL TERMS TAKE PRECEDENCE.

If You do not agree to both these Supplemental Notary Terms and the Terms of Use in full, You must immediately stop using the Platform.

  1. ELIGIBILITY FOR NOTARIES AND ATTORNEYS

Beyond the eligibility criteria in the Terms of Use, You confirm that You are a natural person, duly authorized in Your state to provide notary services or legal services (as applicable), and capable of entering into a legally binding contract.

  1. YOUR RELATIONSHIP WITH CLOSEWISE

You acknowledge and agree that CloseWise serves solely as a platform to facilitate Your services, not as Your employer, contractor, or agent. You affirm that all statements in Section 6 of the Terms of Use regarding CloseWise’s role are true and applicable to You.

  1. ACCOUNT OBLIGATIONS

Registration. To offer notary or attorney services via the Platform, You must create an account (“Account”) by providing the requested details during registration. You can deactivate Your Account by following the Platform’s instructions. You may only use the Platform on a device You own or are authorized to administer.

Responsibilities. Alongside adhering to the Acceptable Use Policy, Privacy Policy, and Terms of Use, You are fully responsible for keeping Your Account information accurate and current. You must promptly notify CloseWise at support@closewise.com of any unauthorized or suspected unauthorized Account use. You may not allow others to access or use Your Account or perform services (e.g., attend Service Appointments) on Your behalf, including team members. Each individual on a team must have their own Account.

CloseWise’s Rights. CloseWise may, at its sole discretion, suspend or terminate Your Account and deny current or future access to the Platform if we believe You’ve violated these Supplemental Notary Terms, the Terms of Use, Acceptable Use Policy, Privacy Policy, or for any other reason. CloseWise is not liable for any losses You claim from such actions, including lost profits, and isn’t required to notify You or explain Account suspensions or terminations.

Liability. CloseWise isn’t responsible for damages from Your failure to meet these obligations or from feedback/ratings about Your services posted on the Platform. You bear full responsibility for claims arising from Your Account’s content or access. Refer to Sections 8 and 9 of the Terms of Use for more details.

Location Features. Some Services may rely on Your device’s location functionality. If location settings are disabled, the Services might not function properly. Location data we collect will be handled per our Privacy Policy.

  1. VERIFICATION PROCESSES

Identity Checks. You authorize CloseWise, directly or via third parties, to perform checks we deem necessary to confirm Your identity or prevent fraud, including for payment processing. This may involve requesting government-issued ID, a photo (possibly with biometric data), Your birth date, or other details, and verifying ownership of Your email or payment accounts.

Credential Validation. You permit CloseWise to verify Your professional credentials, such as notary commissions, attorney licenses, insurance coverage, current background checks, and surety bonds (if required by Your state).

Signature Confirmation. CloseWise may validate Your signature using personal data linked to Your Account, like login details, email verification, IP address, or usage patterns.

“CloseWise Verified” Status. To qualify for the “CloseWise Verified” program, You must submit at least: a notary commission or attorney license, background check report, E&O insurance policy, a verified driver’s license or equivalent government ID (approved by CloseWise), and a bond (where applicable). These requirements may change without notice, and CloseWise isn’t obligated to verify any profile. You affirm all statements in Section 6 of the Terms of Use about “CloseWise Verified” profiles apply to You.

No Verification Duty. CloseWise isn’t required to confirm the identity of anyone You interact with via the Platform beyond the “CloseWise Verified” process. You’re solely responsible for assessing others’ identities and suitability, and we don’t guarantee or endorse any Platform users or signers.

  1. PAYMENT AND FEES

Limited Payment Role. Under these terms, You appoint CloseWise as Your limited agent solely to collect Notary Fees (defined below) from Subscribing Customers opting for Flex-VendorPay. Payments via Flex-VendorPay are equivalent to direct payments from Subscribing Customers to You. You agree to Flex-VendorPay’s terms. CloseWise may discontinue Flex-VendorPay, restrict Service Appointments based on Flex-VendorPay status, or limit Notary/Attorney availability at our discretion. You’ll indemnify CloseWise if a Subscribing Customer disputes or reduces paid Notary Fees. This is in addition to Your indemnity obligations under Section 9 of the Terms of Use.

Fees. You and the Subscribing Customer determine the fee for Your services (“Notary Fee”), which CloseWise doesn’t set. Notary Fees are charged per completed service. Subscribing Customers cover all Fees (service fees plus Notary Fees), typically per transaction, in U.S. dollars unless otherwise noted.

Order Acceptance for Paid Services. When You order paid services from CloseWise (e.g., websites, premium subscriptions, or other options listed on our pricing page at www.closewise.com/pricing), CloseWise will confirm acceptance via email or the Platform. Orders are not binding until accepted, and we reserve the right to reject orders for any reason. Disputes regarding fees must be submitted in writing to support@closewise.com within 10 days of the charge, with undisputed fees due promptly.

Cancellations of Paid Services. To cancel any paid services (e.g., website hosting, premium subscriptions), You must provide written notice to support@closewise.com at least 30 days before the next billing cycle. You’re liable for the final month’s payment in full. Failure to provide timely notice results in continued billing and payment responsibility. All outstanding payments must be settled upon cancellation.

Payment Issues. If Fees can’t be collected, CloseWise will notify You in writing but isn’t obligated to pursue collection from Subscribing Customers. We don’t guarantee payment, and CloseWise isn’t liable for unpaid Fees.

Taxes. You’re responsible for providing accurate tax information and paying applicable taxes. We may need to collect tax details (e.g., IRS Form W-9) or withhold taxes from payouts per regulations, issuing Form 1099 as required. If Your tax documentation is insufficient, we may freeze payments, withhold amounts as legally mandated, or both, until resolved. CloseWise doesn’t provide tax advice.

Payment Processor. You’ll provide billing details (name, address, payment account info) to CloseWise or our processor, Stripe. You authorize CloseWise and Stripe to store and charge Your payment account as outlined here, correcting errors if needed. You agree to Stripe’s Terms (https://stripe.com/us/terms) and Privacy Policy (https://stripe.com/us/privacy). Stripe may report payments via Form 1099-NEC and deduct fees from Notary Fees. You consent to sharing necessary info with Stripe for transactions and compliance.

Third-Party Risk. CloseWise isn’t liable for third-party actions (e.g., Stripe), and You assume all risks of injury from such parties.

Refunds. CloseWise isn’t required to issue refunds but may do so in exceptional cases (e.g., to fix our errors) at our discretion. Contact support@closewise.com if You believe we’ve erred in payment processing.

  1. YOUR COMMITMENTS AS A NOTARY OR ATTORNEY

By using CloseWise as a Notary or Attorney, You promise and assure that:

(i) All information You provide (e.g., profile, invoices) is truthful and accurate;

(ii) You’ll perform services per Your state’s laws and Subscribing Customer instructions;

(iii) You hold and will maintain all required licenses, certifications, and legal permissions, complying with laws and industry standards (including tax obligations);

(iv) You carry adequate workers’ compensation and liability insurance to meet legal duties and cover potential damages;

(v) You won’t impose undisclosed restrictions or policies on Subscribing Customers before they hire You;

(vi) You won’t bypass CloseWise by soliciting off-Platform payments or avoiding applicable fees;

(vii) You’ll safeguard the confidentiality of personal data encountered on the Platform or during services, using it only to serve Subscribing Customers with their consent and for no other purpose.

You’re fully accountable for the accuracy and completeness of Your service postings and invoices. CloseWise may remove Your content anytime, with or without notice, and isn’t liable for related claims. We may screen Notaries/Attorneys and post Subscribing Customer feedback/rankings (“Professional Feedback”) without Your review or obligation to alter it.

  1. PAYMENT SERVICE LIABILITY LIMITS

Additional Limits. Beyond Section 8 of the Terms of Use, You agree that all risks from using our payment services (per Section 5 here) are Yours, to the fullest extent allowed by law. CloseWise, its payment providers, and third parties aren’t liable for indirect, special, exemplary, or consequential damages—like lost profits, data loss, service interruptions, or personal injury—arising from payment services, their use, or related interactions, regardless of legal theory or foreseeability, even if a remedy fails its purpose.

Sole Remedy. If You have a valid claim despite these limits, Your only recovery from CloseWise or its affiliates/licensors for payment service issues—beyond our duty to pay owed amounts—is capped at Your Notary Fees for the six months prior to the issue (or $100 if no fees are owed).

  1. MAINTENANCE AND SOFTWARE UPGRADES

From time to time, CloseWise may perform maintenance on the Platform or upgrade software for paid services (e.g., document management tools, websites). Scheduled maintenance will be announced via our blog, newsletter, email, or Platform notifications. Emergency maintenance may occur outside scheduled times, and CloseWise will use reasonable efforts to complete it promptly. We may, at our discretion, upgrade software versions, but aren’t obligated to do so. Upgrades, where practicable, will occur during scheduled maintenance. You acknowledge that maintenance or upgrades may temporarily interrupt service access.

QUESTIONS

For Account or Supplemental Notary Terms inquiries, contact support@closewise.com.