NotarizeITTERMS & CONDITIONS

These Terms and Conditions (the “Terms”) govern your use of the NotarizeIT platform (the “Platform”) and the electronic notarization services provided through it. By using the Platform or availing of any service through NotarizeIT, you accept these Terms and agree to be bound by them.

1. NotarizeIT and Unawa

1.1 NotarizeIT is an electronic notarization platform owned and operated by Unawa Inc. (“Unawa”), an entity duly organized under the laws of the Philippines and registered with the Securities and Exchange Commission, with business address at 10F 8 Rockwell, Hidalgo corner Plaza Drives, Rockwell Center, Makati City, Philippines. References to “NotarizeIT” mean the Platform; the legal entity responsible for it is Unawa.

1.2 NotarizeIT operates within the electronic notarization framework of the Supreme Court of the Philippines, including A.M. No. 24-10-14-SC and related issuances. It enables Electronic Notaries Public (“ENPs”) commissioned by the Supreme Court to perform electronic notarial acts, and enables clients and signatories (“Principals”) to have documents electronically notarized.

2. Definitions

2.1 “Users” means all persons who access or use the Platform, including ENPs, Principals, witnesses, and corporate or enterprise account holders.

2.2 “ENS” means the Electronic Notary Services of the Supreme Court, or any other officer authorized by the Supreme Court, through which the Court accesses, monitors, and supervises electronic notarial acts and related records.

2.3 “Philippine Privacy Laws” means the Data Privacy Act of 2012, its Implementing Rules and Regulations, the issuances of the National Privacy Commission (NPC), and other relevant data protection laws and issuances.

3. Use of the Platform

3.1 Users may use the Platform to obtain information about NotarizeIT and Unawa; to avail of electronic notarization services (which may require submitting data and documents, completing identity verification, and making payment); for ENPs, to perform electronic notarial acts and manage commission-related records; to contact NotarizeIT; and for any related or analogous purpose.

3.2 Users shall not use the Platform in any manner contrary to any law or issuance of a government authority of the Philippines, of the Supreme Court, or of the jurisdiction where the User is located, including those pertaining to notarization, intellectual property, or cybersecurity.

3.3 Users shall not misuse or abuse the Platform, including performing actions beyond their intended use, submitting falsified documents or identity information, or attempting to have a document notarized in a manner that does not comply with Supreme Court rules.

3.4 Users access the Platform through their own software, devices, and network. Unawa does not warrant compatibility with any equipment, device, or software, and shall not be liable for any damage arising from incompatibility, loss of functionality, or use of the Platform.

3.5 The Platform may link to external websites. Unawa is not responsible for content on external websites it has not created, generated, or consented to being associated with.

3.6 Users are responsible for the confidentiality of their account credentials, and must immediately notify Unawa of any unauthorized access or suspicious activity. Unawa is not liable for losses arising from a User’s failure to safeguard credentials.

4. Electronic Notarization Services

4.1 Unawa is not engaged in the practice of law and does not furnish legal advice; no lawyer-client relationship is established between Unawa and any User. NotarizeIT provides the technical facility through which ENPs perform electronic notarial acts. The notarial act is performed by the ENP, not by Unawa, and Unawa does not guarantee the intrinsic validity of any document processed through the Platform.

4.2 Identity verification is mandatory. Principals, and where applicable witnesses, must complete identity verification through the Platform’s mechanism in accordance with Supreme Court rules. NotarizeIT may decline to process a transaction where verification cannot be completed.

4.3 The notarial fee is set by the ENP. Where NotarizeIT collects it, it does so on behalf of the ENP and remits it to the ENP. A Platform service fee may be charged in addition, as disclosed to the User before the transaction.

4.4 Indicated service periods may be affected by government or Supreme Court processes, deficiencies in submissions, or Force Majeure, and are indicative only; processing that exceeds them is not a breach. Unawa shall not be liable for any failure to perform due to circumstances beyond its reasonable control (“Force Majeure”), including acts of God, war, strikes, internet outages, or pandemics, and performance is suspended for the duration of such event.

4.5 Payments must be made through the payment gateways indicated on the Platform, with accurate and complete payment information. Unawa may suspend or terminate services for non-payment. Refund requests are evaluated case-by-case under Unawa’s refund policy; a validly completed notarial act may not be refundable.

5. Data Privacy and Supreme Court Access

5.1 Users may be required to submit personal information as defined under the Philippine Privacy Laws. Unawa processes such information as Data Controller in accordance with its Data Privacy Policy, which forms part of and is incorporated into these Terms. Data, documents, and files uploaded to the Platform are stored and processed in Unawa’s infrastructure, and Users grant Unawa permission to process them as necessary to provide the services and comply with legal and regulatory obligations.

5.2 Users acknowledge and agree that the Electronic Notary Services (ENS), or any other officer authorized by the Supreme Court, shall be allowed to access information relating to the ENP’s commission and the electronically notarized documents, subject to the Electronic Notarization Data Sharing Guidelines. This access enables the Supreme Court to supervise, monitor, and verify electronic notarial acts and related records.

5.3 Electronic notarial records are retained for the period required by Supreme Court rules and the Philippine Privacy Laws. A request to deactivate an account or delete data is honored subject to these retention obligations, which may require continued storage of certain notarial records after account closure.

5.4 The Platform may use cookies and similar technologies to enhance the user experience and analyze usage. Users can manage cookie preferences via their browser settings.

6. Obligations of Unawa

6.1 In providing the NotarizeIT services, Unawa shall observe its obligations under the Philippine Privacy Laws as detailed in its Data Privacy Policy; comply with cybersecurity requirements under relevant Philippine laws and globally accepted standards; maintain reasonable provisions for the scalability, security, and resilience of the Platform; and enable the access, supervision, and record-keeping required by the Supreme Court in respect of electronic notarial acts performed through the Platform.

6. Suspension and Termination

7.1 Unawa may terminate or suspend the account of any User found to have violated these Terms. A User may, in writing, request reactivation of a suspended account, specifying the justifications, or request deactivation of their account and deletion of related data, specifying the reasons.

7.2 Unawa shall process a deletion request in compliance with the Philippine Privacy Laws and, where it concerns electronic notarial records, subject to the retention and access obligations owed to the Supreme Court. Requests are processed within a technically feasible period, considering the volume of data, ongoing requests, and other analogous factors.

8. General Provisions

8.1 Users are considered to have accepted these Terms by using the Platform. Unawa may amend these Terms at any time; Users with an active account will be notified of material changes, and continued use following an amendment constitutes acceptance of the revised Terms.

8.2 Unawa retains ownership of all its intellectual property, and no use thereof may be made without its prior written consent. Users retain ownership of intellectual property they process through NotarizeIT, such as logos, trade names, and marks.

8.3 Unawa’s failure or delay in enforcing any right under these Terms is not a waiver of that right. Should any part of these Terms be held invalid or unenforceable, the remainder shall remain in full force and effect.

8.4 Nothing in these Terms creates a partnership, agency, or employer-employee relationship between Unawa and any User. The relationship between Unawa and an ENP is governed by the ENP’s Supreme Court commission and any separate agreement between them.

8.5 These Terms are governed by Philippine laws, and any dispute shall be submitted to the exclusive jurisdiction of the courts of Makati City, Metro Manila, Philippines.

8.6 Unawa makes no warranty that the Platform will be error-free, uninterrupted, or secure, and use is at the User’s own risk. To the extent permitted by law, Unawa’s total liability for all claims arising from use of the Platform is limited to the fees paid by the User in the three (3) months preceding the event giving rise to the liability, and Unawa will not be liable for any indirect, incidental, consequential, or punitive damages, including data loss resulting from third-party service providers.

8.7 Users agree to indemnify and hold harmless Unawa, its officers, directors, employees, and affiliates from any claims, liabilities, damages, losses, or expenses, including legal fees, arising out of (a) the User’s violation of these Terms, (b) misuse of the Platform, or (c) breach of any applicable law or regulation.