Terms of Service

Effective Date: 05/01/2026| Last Revised: 06/01/2024
The Novia Group, Inc. (a Texas corporation) d/b/a File & Go | Houston, Texas

This Terms of Service and User Agreement ("Agreement") governs your access to and use of the File & Go online document preparation, processing, notarization coordination, eRecording, and document submission services (the "Services") provided by The Novia Group, Inc., a Texas corporation ("Novia Group," "File & Go," "we," "us," or "our"), operating as File & Go from Houston, Texas.

PLEASE READ THIS AGREEMENT CAREFULLY. BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, CLICKING "I AGREE," PLACING AN ORDER, OR OTHERWISE USING THE SERVICES, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT AND ALL POLICIES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THE SERVICES.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. In that case, "you" and "your" refer to that entity and its Authorized Users.

1. Definitions

"Authorized User" means you or any employee, agent, contractor, consultant, or other person permitted to access the Services under your account.

"Beta Features" means any Services, features, tools, automations, AI functionality, previews, pilots, or experimental functionality designated as beta, pilot, preview, early access, or experimental.

"Content" means documents, data, records, forms, filings, images, signatures, notarization-related materials, property information, communications, and other materials submitted to or through the Services by you or your Authorized Users.

"Credentials" means usernames, passwords, authentication codes, access tokens, and other account access information.

"De-Identified Data" means data that cannot reasonably be used to identify you, your business by name, or any natural person.

"Electronic Record" means any contract, notice, disclosure, form, document, record, or communication created, generated, sent, communicated, received, signed, or stored by electronic means.

"File & Go Materials" means the Services, Site, software, technology, workflows, templates, documentation, databases, designs, user interfaces, APIs, know-how, branding, and related materials owned or licensed by File & Go.

"Processed Data" means information derived, aggregated, anonymized, de-identified, inferred, or compiled from Content, transactions, or usage of the Services, including statistical models, benchmarks, and analytics.

"RON" means Remote Online Notarization conducted through audio-visual technology in accordance with applicable law.

"Services" means the File & Go application, website, platform, APIs, workflows, integrations, support, document processing, eRecording coordination, notary coordination, and related services.

"Site" means fileandgo.com and related subdomains or successor domains.

"Third-Party Services" means services, systems, data, APIs, websites, or materials provided by third parties, including county recording offices, government offices, notary providers, RON platforms, payment processors, eRecording networks, identity verification providers, analytics providers, and communication vendors.

2. Limited License and Restrictions

Subject to your compliance with this Agreement and payment of applicable fees, File & Go grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Services solely for your internal business or personal transaction purposes during the term of this Agreement.
You may not modify, copy, reproduce, distribute, resell, reverse engineer, decompile, scrape, crawl, misuse, or create derivative works from the Services or File & Go Materials except as expressly permitted by this Agreement.
You may not use the Services to build a competing product, share Credentials, bypass access controls, transmit malware or spam, interfere with service integrity, or use the Services for unlawful, fraudulent, abusive, or unauthorized purposes.
Beta Features are provided as-is and as-available, may contain errors, may be changed or discontinued at any time, and should not be relied on for legally consequential filings unless File & Go expressly states otherwise.

3. Account, Credentials, and Security

You are responsible for maintaining accurate account information and protecting Credentials.
Each Authorized User must use unique Credentials. Shared logins are not permitted unless expressly authorized by File & Go.
You are responsible for all activity under your account, whether authorized or not, except to the extent caused solely by File & Go’s breach of this Agreement.
You must promptly notify File & Go at support@fileandgo.com of suspected unauthorized access, compromised Credentials, or security incidents involving your account.
File & Go may suspend or restrict accounts that appear compromised, abusive, fraudulent, unpaid, or in violation of this Agreement.

4. Customer Responsibilities and Acceptable Use

You are solely responsible for the accuracy, completeness, legality, authorization, execution, and recordability of all Content submitted through the Services.
You represent that you have all rights, permissions, consents, authority, and legal capacity necessary to submit Content and personal information through the Services.
You are responsible for complying with all applicable federal, state, local, county, recording, notarization, construction, lien, property, consumer protection, privacy, and other laws applicable to your transaction.
You are responsible for retaining originals and backup copies of documents and independently verifying whether a document has been accepted, recorded, rejected, indexed, corrected, or returned by the applicable authority.
You may not submit fraudulent, forged, falsified, altered, unauthorized, misleading, defamatory, harassing, infringing, or unlawful Content.
You may not use the Services to facilitate deed fraud, mortgage fraud, lien fraud, wire fraud, business email compromise, unauthorized practice of law, false filings, or any other unlawful scheme.
File & Go may investigate, suspend, refuse, report, or terminate activity that it reasonably believes may be fraudulent, unauthorized, unlawful, abusive, or risky.

5. Electronic Signatures and Electronic Records

By using the Services, you consent to the use of Electronic Records, electronic signatures, electronic communications, and electronic transactions to the fullest extent permitted by E-SIGN, UETA, and other applicable law.
You agree that your electronic acceptance of this Agreement and any electronic signature or record created or transmitted through the Services may have the same legal effect as a handwritten signature or paper record, where permitted by law.
You consent to receive notices, disclosures, agreements, receipts, invoices, order updates, policy updates, and other communications electronically by email, in-app notification, account dashboard, SMS, or posting on the Site.
You may withdraw consent to electronic communications by contacting support@fileandgo.com, but withdrawal may prevent us from providing some or all Services.
You are responsible for maintaining hardware, software, internet access, email access, and PDF viewing capability necessary to access and retain Electronic Records.

6. Content, Operational Review, and Data Rights

File & Go may provide administrative, operational, formatting, completeness, quality control, or recordability-related review. This review is not legal review, title review, escrow review, tax advice, or a guarantee that any document is legally valid, enforceable, complete, or acceptable for recording.
File & Go does not independently verify the truth, legal sufficiency, ownership, authority, title status, lien status, project status, property rights, or underlying facts reflected in Content.
You grant File & Go a limited, non-exclusive, worldwide license to access, use, store, copy, process, transmit, display, modify for formatting or processing, submit, and retain Content solely as necessary to provide the Services, comply with law, prevent fraud, enforce this Agreement, resolve disputes, maintain records, and protect the Services.
File & Go may collect and use operational and usage data to operate, secure, maintain, analyze, improve, and develop the Services.
File & Go may create, use, share, license, commercialize, or otherwise process aggregated, anonymized, or de-identified data for lawful business purposes, including analytics, benchmarking, product improvement, fraud prevention, operational intelligence, market insights, industry trends, and development of new services.
File & Go will not sell your directly identifying personal information, payment information, or customer-specific document content to unaffiliated third parties for their independent marketing purposes without your consent, except as described in the Privacy Policy or as required or permitted by law.
File & Go may retain aggregated, anonymized, or de-identified data indefinitely. Content and transaction records may be retained as described in the Privacy Policy and as required for legal, tax, accounting, recording, fraud prevention, dispute, and operational purposes.

7. Fees, Billing, Subscriptions, and Payment

You agree to pay all applicable fees shown at checkout, in your account, in an order confirmation, in a subscription plan, or otherwise communicated to you, including service fees, subscription fees, per-document fees, convenience fees, notary fees, eRecording fees, county recording fees, government fees, third-party fees, correction fees, and pass-through charges.
Subscription plans may include recurring fees, usage limits, plan-specific benefits, priority support, discounted service fees, overages, and other terms disclosed at signup or in your account.
Subscriptions automatically renew at the end of each billing period unless cancelled before renewal. By subscribing, you authorize File & Go and its payment processor to charge your payment method on a recurring basis until you cancel.
File & Go may modify service fees, convenience fees, notary fees, subscription pricing, usage fees, and plan features. For subscription price changes, File & Go will provide commercially reasonable advance notice before the next billing cycle in which the new pricing applies. Fees set by File & Go will be disclosed at checkout, in your account, in an order confirmation, or in your subscription plan. Government, county, eRecording network, and other third-party or pass-through fees may change with shorter notice because they may be controlled by third parties.
County recording fees, government charges, eRecording network fees, and other third-party or pass-through charges are not controlled by File & Go and may change at any time.
You are responsible for all fees caused by document rejection, non-conformance, correction, re-submission, indexing, page count, margin, signature, notary, party, property, jurisdiction-specific, or customer-caused issues.
You authorize File & Go to charge your payment method for amounts owed. Failure to pay may result in suspension, termination, withholding of deliverables, cancellation of orders, or collection activity.
Billing disputes must be submitted in writing within 30 days of the charge. Chargebacks or payment disputes do not relieve you of responsibility for undisputed amounts, pass-through fees, or completed services.

8. Proprietary Rights and Feedback

File & Go Materials are owned by File & Go or its licensors and are protected by intellectual property and other laws. This Agreement does not transfer ownership of File & Go Materials to you.
All rights not expressly granted are reserved by File & Go.
If you provide ideas, suggestions, feedback, requests, or recommendations, you grant File & Go a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable license to use and exploit that feedback without restriction or compensation.

9. Third-Party Services and Integrations

The Services may rely on or integrate with Third-Party Services, including county offices, recording authorities, notary providers, RON platforms, payment processors, identity verification providers, eRecording networks, hosting providers, analytics providers, communication vendors, and APIs.
File & Go does not control and is not responsible for Third-Party Services, including their availability, decisions, delays, rejections, outages, data practices, fees, requirements, or errors.
Your use of Third-Party Services may be subject to separate third-party terms, policies, and fees.
File & Go is not liable for delays, rejections, errors, outages, security issues, or failures caused by or attributable to Third-Party Services or government authorities.

10. Remote Online Notarization and Notary Services

Where Remote Online Notarization or other notary services are available, File & Go may facilitate access to third-party notary providers or RON platforms.
Notaries are independent professionals and are not employees, agents, attorneys, title agents, escrow agents, or legal representatives of File & Go.
RON and notarization requirements vary by state, document type, signer location, notary commission, recipient, county, lender, court, and other factors. You are responsible for determining whether RON or notarization is appropriate and acceptable for your transaction.
RON sessions may require identity verification, credential analysis, knowledge-based authentication, audio-visual technology, recordings, journals, and other legal or provider requirements.
File & Go does not guarantee that a notarized or RON-executed document will be accepted by any county, recorder, lender, court, government office, title company, or other recipient.

11. Privacy and Data Protection

Your use of the Services is subject to the File & Go Privacy Policy, which is incorporated into this Agreement.
File & Go uses commercially reasonable safeguards designed to protect the Services and personal information. No system is completely secure, and File & Go does not guarantee that unauthorized access, hacking, data loss, or breaches will not occur.
File & Go will provide data breach notifications as required by applicable law.
You are responsible for providing any legally required notices and obtaining any legally required consents before submitting personal information about another person through the Services.

12. No Legal, Title, Escrow, Tax, or Professional Advice

File & Go is a technology platform. File & Go is not a law firm, attorney, title company, title agent, escrow company, county recorder, government agency, notary public, tax advisor, or provider of professional legal, title, escrow, insurance, or tax services.
No use of the Services and no communication with File & Go creates an attorney-client relationship, title insurance relationship, escrow relationship, fiduciary relationship, or professional-client relationship.
You are solely responsible for determining the legal requirements, legal effect, enforceability, authorization, priority, deadlines, recording requirements, and consequences of any document or transaction.
You should consult qualified legal counsel, title professionals, tax advisors, or other appropriate professionals when needed.
File & Go’s acceptance, preparation, formatting, review, submission, or tracking of a document does not mean the document is legally sufficient, validly authorized, enforceable, properly executed, or guaranteed to be recorded.

13. Wire Fraud and Fraud Prevention Warning

Wire fraud, business email compromise, phishing, impersonation, and payment fraud are significant risks in real estate, construction, and document recording transactions.
File & Go will not ask you to change payment instructions, bank account numbers, wire instructions, routing numbers, or payment destinations through suspicious or unverified communications.
If you receive a suspicious communication, stop and verify independently by contacting File & Go using a known official contact method. Do not rely on phone numbers or links provided in a suspicious message.
File & Go is not responsible for losses caused by wire fraud, business email compromise, phishing, social engineering, impersonation, or other fraudulent schemes, except to the extent liability cannot be limited by law.
File & Go may use fraud prevention tools and may suspend, reject, delay, or refuse transactions that appear suspicious.

14. OFAC, Sanctions, and Export Compliance

You represent that you are not, and are not acting for, a person or entity subject to U.S. sanctions or located in a comprehensively sanctioned jurisdiction.
You agree not to use the Services in violation of U.S. sanctions, export controls, anti-money laundering, anti-bribery, or similar laws.
File & Go may screen users or transactions and may suspend or terminate access upon actual or suspected violations.

15. Disclaimers of Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILE & GO DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.
FILE & GO DOES NOT GUARANTEE THAT ANY DOCUMENT WILL BE ACCEPTED, RECORDED, PROCESSED, INDEXED, APPROVED, CORRECTED, RETURNED, OR COMPLETED BY ANY COUNTY, GOVERNMENT OFFICE, RECORDER, NOTARY, LENDER, COURT, TITLE COMPANY, OR OTHER THIRD PARTY.
FILE & GO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE, OR FREE FROM HARMFUL COMPONENTS.
OUTCOMES DEPENDENT ON THIRD-PARTY SERVICES, COUNTY SYSTEMS, GOVERNMENT OFFICES, NOTARY PROVIDERS, PAYMENT PROCESSORS, OR NETWORK PROVIDERS ARE OUTSIDE FILE & GO’S CONTROL.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILE & GO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, LOST DATA, LOSS OF GOODWILL, DELAYS, RECORDING REJECTIONS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FILE & GO’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE SERVICE FEES ACTUALLY PAID BY YOU TO FILE & GO, EXCLUDING COUNTY FEES, GOVERNMENT FEES, ERECORDING NETWORK FEES, THIRD-PARTY FEES, TAXES, AND PASS-THROUGH CHARGES, IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
The limitations in this section apply regardless of theory of liability, whether contract, tort, negligence, strict liability, warranty, statute, or otherwise.
Nothing in this Agreement limits liability that cannot be limited by law.

17. Indemnification

You agree to defend, indemnify, and hold harmless File & Go, its affiliates, officers, directors, employees, agents, successors, assigns, licensors, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: your use of the Services; your Content; your breach of this Agreement; your violation of law or third-party rights; your failure to obtain required authorization or consent; any fraudulent, forged, unauthorized, inaccurate, or unlawful document or filing; any payment dispute, chargeback, or fee issue; or any dispute between you and another person or entity.
File & Go may assume exclusive defense and control of any matter subject to indemnification, at your expense, and you agree to cooperate. You may not settle any claim affecting File & Go without File & Go’s prior written consent.

18. Non-Conforming Documents, Rejections, Corrections, and Additional Fees

You are solely responsible for ensuring that documents comply with applicable legal, formatting, signature, notary, margin, font, page size, indexing, party, property, deadline, and recording requirements.
File & Go may charge additional administrative, correction, processing, resubmission, handling, or service fees for non-compliant, rejected, incomplete, incorrectly formatted, customer-caused, or jurisdiction-specific issues.
You authorize File & Go to charge your payment method or invoice you for such amounts.
File & Go may refuse to process, correct, or resubmit any document that does not meet applicable requirements, appears suspicious, is outside the scope of the Services, or has unpaid fees.
File & Go is not responsible for delays, rejections, penalties, missed deadlines, priority issues, late fees, project delays, inspection delays, financing issues, or other consequences caused by non-conforming documents, user errors, third-party decisions, or government requirements.

19. Term, Suspension, and Termination

This Agreement begins when you first access or use the Services and continues until terminated.
You may stop using the Services at any time. Subscription cancellation is subject to the cancellation terms applicable to your plan.
File & Go may suspend, restrict, or terminate your access with or without notice if you breach this Agreement, fail to pay, create legal or security risk, submit suspicious or unlawful Content, misuse the Services, initiate improper chargebacks, or if suspension is required by law or third-party requirements.
Upon termination, your license to use the Services ends immediately. Termination does not relieve payment obligations incurred before termination.
Sections relating to fees owed, Content and data rights, proprietary rights, privacy, disclaimers, limitation of liability, indemnification, dispute resolution, and other provisions intended to survive will survive termination.

20. General Terms

Governing Law. This Agreement is governed by the laws of the State of Texas, without regard to conflict of laws principles.
ARBITRATION. ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES WILL BE RESOLVED BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, EXCEPT THAT FILE & GO MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN COURT TO PROTECT INTELLECTUAL PROPERTY, CONFIDENTIAL INFORMATION, SECURITY, OR THE SERVICES. THE ARBITRATION WILL BE CONDUCTED IN HOUSTON, TEXAS UNLESS THE PARTIES AGREE OTHERWISE.
CLASS ACTION WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.
Communications. By using the Services, you consent to transactional and service-related communications by email, SMS, in-app message, account dashboard, phone, or other reasonable means. You may opt out of marketing communications, but transactional communications may still be necessary to provide the Services.
Modifications. File & Go may update this Agreement by posting an updated version on the Site or otherwise providing notice. Changes become effective 15 days after posting unless a different date is stated, except changes required by law, security, fraud prevention, third-party requirements, or pricing changes may take effect sooner as described in this Agreement.
Assignment. You may not assign this Agreement without File & Go’s prior written consent. File & Go may assign this Agreement in connection with a merger, acquisition, reorganization, financing, sale of assets, or by operation of law.
Force Majeure. File & Go is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, acts of government, public health events, labor disputes, power failures, internet disruptions, cyberattacks, third-party failures, county system outages, or payment network failures.
Notices. Legal notices to File & Go must be sent to legal@fileandgo.com or to the registered agent address on file with the State of Texas. Notices to you may be sent to the email address associated with your account or posted in your account.
Severability. If any provision is invalid or unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will remain in effect.
Waiver. Failure to enforce a provision is not a waiver of the right to enforce it later.
Entire Agreement. This Agreement, the Privacy Policy, and any applicable order confirmation, subscription terms, or written agreement constitute the entire agreement between you and File & Go regarding the Services.
Relationship. The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, franchise, employment, fiduciary, escrow, title, legal, or professional relationship.

Acknowledgment

By accessing or using the File & Go Services, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement.

The Novia Group, Inc. (a Texas corporation) d/b/a File & Go | Houston, Texas
legal@fileandgo.com | support@fileandgo.com | fileandgo.com