DOCUSIGN NOTARY ATTACHMENT FOR DOCUSIGN ESIGNATURE

Service Attachment version date: May 30, 2024

Unless otherwise defined in this Docusign Notary Attachment for Docusign eSignature (the “Service Attachment”), capitalized terms will have the meaning given to them in the Agreement.

1. DEFINITIONS.

“Docusign Notary” means the remote online notarization service which is an add-on feature of Docusign eSignature where Customer provides the Notary to the platform for notarization services.

“Docusign Notary Connect” means the remote online notarization service which is an add-on feature of Docusign eSignature where the notary is provided by Notary Partner, to provide notarization services.

“Notary” means a natural person commissioned as a notary public by a state, jurisdiction or territory of the United States, who has the required certifications, approvals and training to perform remote online notarization(s).

“Notary Session” means the remote online notary session where a Notary: (a) confirms that the identity of one or more Signer(s) has been verified during a remote recorded audio-visual session to sign an eDocument; (b) witnesses the Signer’s signing of an eDocument; (c) signs and notarizes an eDocument; and (d) creates a Notary Session Record.

“Notary Session Record” means the electronic journal and audio-visual recording of a Notary Session.

“Notary Partner” means OneNotary, Inc., a Docusign Subprocessor and third-party partner, who provides the Notary, audio and visual recording functionality, and storage of the journal and audio-visual recordings as part of Docusign Notary Connect.

“Signer” means, solely for purposes of this Service Attachment, a Signer (as defined in the Service Schedule for Docusign eSignature) who is not acting in the capacity of a Notary during a Notary Session on Docusign Notary.

“Supported States” means the U.S. states that Docusign Notary supports, which may be updated by Docusign from time to time. The current list of Supported States is available here: https://support.docusign.com/s/document-item?language=en_US&bundleId=ccg1614815672525&topicId=drp1614815757938.html&_LANG=enus.

2. DOCUSIGN NOTARY CUSTOMER RESPONSIBILITIES.

If Customer purchases Docusign Notary as set forth in the Order Form, Docusign’s provision of Docusign Notary is conditioned on the following:

(a) Customer acknowledges sole responsibility for ensuring, at all times during the Term, that:

i. all parties in a Notary Session are able to present a valid U.S. passport, U.S. state-issued driver’s license, or other identification legally acceptable for use in a Notary Session in a Supported State;

ii. if required by applicable law, the Notary is physically located in the jurisdiction of their commission at the time of the Notary Session;

iii. Customer and its Authorized User’s use of Docusign Notary has complied and will continue to comply with all applicable laws and regulations, including: (1) notary laws related to the notarial certificate and any fee requirements; (2) U.S. export control laws; and (3) applicable data protection laws and regulations regarding Customer’s responsibility as a controller in the processing of personal data by Docusign Notary;

iv. Notaries have active commissions or licenses under applicable state or commonwealth law, and sufficient knowledge and training to use Docusign Notary;

v. Customer will obtain and maintain all documentation required by the law of Notary’s jurisdiction of commission including, without limitation, a copy of Notary Public’s commission/endorsement or other evidence of the Notary’s authorization to act as a remote online notary public and, upon Docusign’s reasonable request, Customer shall produce such documentation for validation of such authorization; and

vi. Customer’s use of Docusign Notary will comply with the Documentation, including any state support limitations included therein.

(b) Customer acknowledges that:

i. Docusign Notary does not support notarization by State Ex Officios, and Docusign Notary may not be used for such purposes;

ii. Docusign Notary is a service to assist Customer in performing remote online notarization, and Docusign is not responsible for ensuring such notarization is performed correctly by Customer, Signer, Notary or any other user of the service;

iii. Docusign does not provide Notaries for Docusign Notary, assumes no responsibility for the Notaries’ use of Docusign Notary, and specifically disclaims any liability or obligation with respect to the Notaries;

iv. Docusign is not responsible or liable for determining whether a resulting Notary Session Record (in whole or in part) is legally enforceable under applicable laws;

v. the Notary has and retains exclusive rights to the Notary Session Record, and Customer will immediately accommodate the Notary’s request to download any Notary Session Record, even if the Notary is no longer employed by Customer; and

vi. Docusign Notary is only available for use in the Supported States.

3. DOCUSIGN NOTARY CONNECT CUSTOMER RESPONSIBILITIES.

If Customer purchases Docusign Notary Connect as set forth in the Order Form, Docusign’s provision of Docusign Notary Connect is conditioned on the following:

(a) Customer acknowledges sole responsibility for ensuring, at all times during the Term, that:

i. all parties (with the exception of the Notary) in a Notary Session are able to present a valid U.S. passport, U.S. state-issued driver’s license, or other identification legally acceptable for use in a Notary Session in an applicable state;

ii. its and its Authorized User’s use of Docusign Notary Connect has complied and will continue to comply with all applicable laws and regulations, including: (1) U.S. export control laws; and (2) applicable data protection laws and regulations regarding Customer’s responsibility as a controller in the processing of personal data by Docusign and its Notary Partner via Docusign Notary Connect; and

iii. its use of Docusign Notary Connect will comply with the Documentation, including any state support limitations.

(b) Customer acknowledges that:

i. Docusign Notary Connect does not support notarization by State Ex Officios, and Docusign Notary Connect may not be used for such purposes;

ii. Docusign Notary Connect is a service to assist Customer in performing remote online notarization, and Docusign is not responsible for ensuring such notarization is performed correctly by Customer, Signer, Notary or any other user of the service;

iii. Docusign Notary Connect relies on the principles of interstate recognition of remote online notarial acts to provide its services, and Customer cannot dictate nor request notaries from a specific jurisdiction.

iv. Certain states may require that Customer, Signer, or Notary prepare and sign additional documents to comply with the laws of that state for remote online notarization, the preparation of which is the sole responsibility of Customer;

v. Docusign assumes no responsibility for Notaries’ use of Docusign Notary Connect, and specifically disclaims any liability or obligation with respect to Notaries;

vi. Docusign is not responsible or liable for determining whether a resulting Notary Session Record (in whole or in part) is legally enforceable under applicable laws;

vii. the Notary assigned through Docusign Notary Connect has and retains exclusive rights to the Notarial Journal; and

viii. the Notary Partner shall retain and store the Notarial Session Record on behalf of the Notary. Docusign shall retain and store the notarized documents on behalf of Customer after notarization. Docusign may share the audio-visual recording with Customer upon request.

4. THIRD-PARTY CLAIMS. In addition to the third-party claims obligations set forth in the Agreement, Customer shall indemnify Docusign and its employees, Affiliates, directors, agents, partners, including the Notary Partner, and representatives (“Indemnified Parties”) from, and defend Docusign and the Indemnified Parties against, any Claim to the extent arising from or related to: (a) any representations or warranties regarding Docusign Notary or Docusign Notary Connect made by Customer to any third parties (including, without limitation, Signers) not authorized by Docusign; and (b) non-performance of any responsibilities or obligations by Customer defined under this Service Attachment.