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Executive Digital Notary

Executive Digital Notary (EDN) Terms of Service

Version: 2026.1 (Phase 1)

Last Updated: February 26, 2026

1. Acceptance of Terms

By accessing the Executive Digital Notary (EDN) platform or utilizing an EDN-tagged session, you ("Client," "User," or "Partner") agree to be bound by these Terms of Service. EDN is a security division of Authentically Serving Freedom (ASF).

2. Scope of Service: The Secondary Wrapper

EDN provides a Secondary Post-Quantum Wrapper (PQW) for electronic notarial acts. EDN is a technology provider and does not provide legal, financial, or tax advice. Our service is limited to providing identity vetting via the Sphincs-Secured Biometric Gate, Mathematical Integrity Verification via the SPHINCS+ (SLH-DSA) algorithm, and issuance of a Security Audit Certificate.

3. Statutory vs. Commercial Retention

The User acknowledges and agrees to the following dual-track retention protocol:

  • Statutory Repository (10 Years): Per RCW 42.45.280(6), the legal record of the remote online notarization (the audiovisual recording and notary journal) is maintained by our authorized repository, Proof. EDN does not act as the primary statutory repository for the 10-year legal record.
  • Commercial Integrity (50 Years): EDN's SPHINCS+ signature is a premium commercial security feature. This 50-year integrity check is a "Mathematical Integrity Verification" of the document's state and does not extend the statutory 10-year storage obligation of the repository.

4. Non-Custodial Status & User Responsibility

EDN operates as a Non-Custodial service provider.

  • Zero-Residency Policy: We do not store your original signed documents. Once the session is complete and the Security Audit Certificate is issued, the document is purged from EDN's intermediate security silo.
  • Storage Obligation: The User is solely responsible for the permanent storage and backup of their original signed documents. EDN cannot provide copies of lost documents once the session has concluded.

5. Independent Professional Judgment

The Notarial Act is a human-led legal process governed by RCW 42.45.020.

  • Human Override: The Notary Public retains the absolute right of Independent Professional Judgment. Technology assists in identity vetting, but the Notary has the final authority to affirm or reject a session based on their live observation and the standards set forth in RCW 42.45.040.
  • Technology Neutrality: In accordance with the principle of Technology Neutrality, EDN reserves the right to update or migrate its cryptographic standards to maintain long-term security as global standards evolve.

6. Biometric Processing & Consent

By using the EDN-tier service, you provide express consent under the Washington My Health My Data Act (MHMDA) for the processing of your facial geometry for identity verification. Our biometric identity vetting is entirely stateless. EDN utilizes zero-persistence processing pipelines where biometric identifiers are strictly processed in-memory for instant verification and permanently purged within 24 hours, adhering to Washington MHMDA and SOC 2 Type 2 privacy standards.

  • Unless you opt-in to Persistent Identity, your biometric template will be subject to our "Purge-on-Completion" protocol.
  • You acknowledge that EDN utilizes authorized sub-processors to facilitate this identity vetting.

7. Live Chat & Acceptable Use

EDN's Live Chat widget is provided for pre-sales and general inquiries. Use of Live Chat is subject to the following terms:

  • Chat sessions and messages are automatically deleted within twenty-four (24) hours of the last activity, consistent with EDN's Stateless 24-Hour Purge Policy.
  • You agree not to submit sensitive personal information (including government identifiers, protected health information, financial account numbers, or the contents of documents intended for notarization) through the Live Chat widget. Secure document handling occurs exclusively through the authenticated client portal and the Proof platform.
  • EDN may briefly forward a session identifier and metadata to its internal team via encrypted email (Paubox) so a team member can respond. The content of your messages is not included in this notification.

8. Referral Firewall & Billing

To ensure compliance with Washington State fee-splitting and ethical regulations:

  • Standard notarial fees are billed at the statutory rate defined in WAC 308-30-020.
  • EDN Security & Advisory fees are billed separately as a premium technology service.
  • Referral partners maintain absolute Independent Professional Judgment and are not obligated to use EDN for any specific client.

9. Limitation of Liability

EDN provides a mathematical guarantee of document state at the time of signing. EDN is not liable for the underlying legality of the document contents, the physical health of the signer, or the failure of the user to retain their original document files.