Terms of Use

TITLESCOUT TERMS OF USE

Last Updated: [September 15, 2025]

 

These Terms of Use (the “Terms”) govern access to and use of the TitleScout software platform and related services provided by Sandstorm Technology Group, L.L.C., a Kansas limited liability company (“TitleScout,” “we,” “us,” or “our”). “TitleScout” is a trade name of Sandstorm Technology Group, L.L.C.

 

By clicking “Place Order,” executing an order form, or accessing or using the Services, you agree to these Terms. If you are agreeing on behalf of an entity, you represent that you have authority to bind that entity. If you do not agree, do not access or use the Services.

 

1. DEFINITIONS.

 1.1 Affiliate: entity controlling, controlled by, or under common control with a party.

 1.2 Customer or you: the entity or person accepting these Terms, including authorized Users.

 1.3 Customer Data: data, documents, images, and content you or your Users provide for processing or storage in the Services (including legacy title data, nonpublic personal information (“NPPI”) regulated under GLBA, and financial information customary to title services such as loan numbers, settlement information, and wire instructions). Do not submit payment card data subject to PCI DSS.

 1.4 Documentation: user guides, help articles, and technical documentation.

 1.5 Order Form: an ordering document (including online checkout) specifying Services, term, and pricing.

 1.6 Professional Services: implementation, data migration, onboarding, or other consulting.

 1.7 Services: the hosted TitleScout platform (including ingestion, indexing, search, and retrieval features), related websites, and support. API endpoints are a future feature and, when offered, will be governed by additional terms.

 1.8 User: an individual you authorize to use the Services.

 

2. ACCESS & USE.

 2.1 Provision. During the subscription term stated in your Order Form or online checkout, we will provide access to the Services and perform any Professional Services with commercially reasonable skill and care.

 2.2 Accounts & Administration. You are responsible for all activity under your accounts and for maintaining the confidentiality of credentials. You will ensure Users comply with these Terms and the Acceptable Use Policy (“AUP”) at https://titlescout.io/acceptable-use-policy/ (or as otherwise provided by us).

 2.3 Your Responsibilities. You are responsible for (a) obtaining all necessary rights to submit and process Customer Data; (b) the accuracy, quality, legality, and means of acquisition of Customer Data; and (c) configuring role‑based access appropriate to your organization.

 2.4 Restrictions. You will not (and will not permit anyone to): (i) copy, modify, or create derivative works of the Services; (ii) reverse engineer, decompile, or disassemble the Services, except to the extent prohibited by law; (iii) access the Services to build a competing product or publicly benchmark without our written consent; (iv) remove proprietary notices; or (v) use the Services in violation of the AUP or law.

 2.5 Third‑Party Services. Use of third‑party services (e.g., e‑signature, mapping) may be subject to their terms. We are not responsible for third‑party services we do not control.

 

3. PROFESSIONAL SERVICES.

 3.1 Scope. Professional Services (e.g., migrating data from RamQuest, ResWare, SoftPro, network shares, or similar) are described in an Order Form or SOW.

 3.2 Acceptance. Deliverables are deemed accepted upon the earlier of your written acceptance or 10 days after delivery if you do not report a material, documented nonconformance.

 3.3 Cooperation. You will provide access to personnel, data exports, environments, and subject‑matter experts as reasonably required.

 

4. FEES; BILLING; TAXES; NONPAYMENT.

 4.1 Fees & Model. Fees include a monthly subscription based on data volume and separately billed implementation/professional services. No free trials.

 4.2 Billing & Payment. We invoice monthly. Unless otherwise stated, payments are due Net 15 from invoice. Fees are exclusive of taxes; you are responsible for all applicable taxes other than those based on our net income.

 4.3 No Refunds or Credits. Except where required by law or expressly stated in an Order Form, fees are non‑refundable and service credits do not apply.

 4.4 Fee Changes. For month‑to‑month subscriptions, we may change fees effective on a future monthly term with at least 30 days’ advance notice to your admin email or via in‑app notification.

 4.5 Late Payment; Suspension; Deletion. Overdue amounts may accrue interest at 1.5% per month (or the maximum permitted by law). If amounts are more than 60 days past due, we may suspend or terminate Services; upon such termination we may permanently delete Customer Data without further retention or export obligations. We may, at our discretion, provide a paid data export if you request it before deletion and pay all outstanding amounts plus applicable extraction fees (calculated at our then‑current professional‑services rates).

 

5. INTELLECTUAL PROPERTY; FEEDBACK.

 5.1 Ownership. As between the parties, we own the Services, Documentation, and related IP; you own Customer Data. No rights are granted except as expressly stated.

 5.2 License to Process Customer Data. You grant us and our subprocessors a non‑exclusive, worldwide, royalty‑free license to host, copy, transmit, display, and process Customer Data solely to provide, secure, support, and improve the Services and to perform Professional Services.

 5.3 Aggregated/De‑Identified Data. We may create and use de‑identified or aggregated data derived from Customer Data and usage for analytics, benchmarking, and improving the Services, provided it does not identify you or any individual.

 5.4 Feedback. You grant us a perpetual, irrevocable, royalty‑free license to use suggestions, ideas, or feedback you voluntarily provide.

 

6. SECURITY; PRIVACY; DATA LOCATION.

 6.1 Safeguards. We maintain commercially reasonable administrative, physical, and technical safeguards (including encryption in transit and at rest, role‑based access controls, logging/monitoring, and vulnerability management) designed to protect Customer Data. We may pursue an industry‑recognized security certification (e.g., SOC 2) and will update customers if/when obtained.

 6.2 Hosting. The Services are hosted in Amazon Web Services (AWS) U.S. regions.

 6.3 Incidents. If we become aware of unauthorized access to Customer Data in our possession, we will notify you without undue delay and, in any event, no later than 72 hours after confirming the incident, unless a law‑enforcement agency determines that notice would impede a criminal investigation. We will provide reasonably available information to assist your response.

 6.4 Privacy & DPA. Our processing of personal data is described in our Privacy Policy at https://titlescout.io/privacy/ and (if applicable) our Data Processing Addendum (“DPA”), available upon request and incorporated by reference when executed. For EU/UK transfers where you are subject to GDPR/UK GDPR, our DPA includes the applicable SCCs and UK Addendum/IDTA and provides subprocessor flow‑downs and assistance for data‑subject requests to the extent required.

 

7. REGULATORY MATTERS.

 7.1 GLBA NPPI. Each party will comply with applicable privacy and data‑security obligations under the Gramm‑Leach‑Bliley Act (GLBA) and implementing regulations with respect to NPPI in Customer Data.

 7.2 HIPAA. The Services are not designed for protected health information (PHI). Do not submit PHI unless we have executed a Business Associate Agreement.

 7.3 FCRA. The Services are not a “consumer reporting agency” and do not furnish “consumer reports” or support adverse action decisions under the Fair Credit Reporting Act (FCRA). You will not use the Services for FCRA‑regulated purposes.

 7.4 U.S.-Only Customers; International Data; GDPR Responsibility.

The Services are offered to U.S. business customers only and Customer Data is hosted in the United States. Customer Data may include personal information about non-U.S. persons (e.g., EU/UK citizens) if provided by the Customer. If Customer Data includes personal information subject to the EU General Data Protection Regulation (GDPR), UK GDPR, or similar non-U.S. laws, the Customer is solely responsible for:

  – Providing all required notices and obtaining any necessary consents from data subjects;

  – Ensuring that any transfer of personal data to TitleScout in the United States is lawful under applicable data protection laws;

  – Entering into a Data Processing Addendum (DPA) and Standard Contractual Clauses (SCCs) or UK Addendum with TitleScout, if required.

TitleScout will process such data solely as a processor/service provider on documented instructions from the Customer, and will provide reasonable assistance with data subject requests and transfer impact assessments as required by law and the DPA.

 

8. CONFIDENTIALITY.

 Each party will protect the other’s Confidential Information using at least the same degree of care it uses for its own confidential information (but no less than reasonable care) and use it only to perform under these Terms. Standard exclusions (public information, independently developed, received from a third party without duty, or compelled disclosure) apply.

 

9. WARRANTIES; DISCLAIMERS.

 9.1 Mutual Authority. Each party represents it has the authority to enter into these Terms.

 9.2 Service Warranty. We will provide the Services using commercially reasonable skill and care consistent with industry standards.

 9.3 Disclaimers. EXCEPT AS EXPRESSLY PROVIDED, THE SERVICES AND PROFESSIONAL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. THE SERVICES DO NOT CONSTITUTE LEGAL ADVICE, TITLE PLANT SERVICES, TITLE INSURANCE, OR A SUBSTITUTE FOR OFFICIAL PUBLIC RECORDS, AND DO NOT GUARANTEE THE IDENTIFICATION OF ALL TITLE DEFECTS OR ISSUES. THE SERVICES ARE NOT A SUBSTITUTE FOR INDEPENDENT VERIFICATION OF WIRE INSTRUCTIONS OR OTHER HIGH‑RISK FINANCIAL CONTROLS.

 

10. INDEMNIFICATION.

 10.1 By TitleScout (IP). We will defend and indemnify you against third‑party claims alleging that the Services (as provided) infringe a U.S. patent, copyright, or trademark, or misappropriate a trade secret, and pay damages finally awarded, provided you promptly notify us and allow us control of the defense. We have no obligation for claims arising from your modifications, combinations, or use contrary to these Terms or the Documentation. We may (i) procure rights, (ii) modify or replace the Services, or (iii) terminate affected Services and refund prepaid, unused fees.

 10.2 By Customer. You will defend and indemnify us against claims arising from (a) Customer Data (including alleged privacy or IP violations); (b) your use of the Services in breach of these Terms, the AUP, or law; or (c) combinations not provided by us.

 

11. LIMITATION OF LIABILITY.

 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR (i) YOUR PAYMENT OBLIGATIONS; (ii) BREACH OF CONFIDENTIALITY; OR (iii) INDEMNIFICATION OBLIGATIONS, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PRECEDING THE EVENT.

 

12. TERM; RENEWAL; TERMINATION; DATA RETURN/DELETION.

 12.1 Term & Auto‑Renewal. Subscriptions run month‑to‑month and automatically renew each month unless terminated as provided here.

 12.2 Convenience Termination. Either party may terminate for convenience effective at the end of the then‑current monthly term by providing written notice any time prior to the last day of that term.

 12.3 Breach/Nonpayment. Either party may terminate for material breach not cured within 30 days’ notice. We may suspend or terminate if undisputed amounts are over 60 days past due (see §4.5).

 12.4 Data Export & Deletion. Upon termination (other than immediate deletion under §4.5), and upon your request within 30 days, we will make Customer Data available for export and may charge a reasonable extraction fee (at then‑current rates). After that window, we will delete Customer Data from active systems and, within our standard backup cycles, from backups, except as required by law or to enforce our rights.

 

13. BETA/PRE‑RELEASE FEATURES.

 From time to time, we may make pre‑release, beta, or preview features available. Such features are provided “AS IS,” may be modified or discontinued at any time, and are excluded from any warranties or support commitments.

 

14. PUBLICITY.

 We may identify you as a customer (name and logo) on our website and in marketing materials, subject to your right to opt out by notice to legal@titlescout.io.

 

15. EXPORT; SANCTIONS; ANTI‑CORRUPTION.

 You will comply with U.S. export control and sanctions laws (including OFAC and EAR) and will not permit access or use of the Services in, or by persons located in, embargoed jurisdictions or on restricted lists.

 

16. DISPUTE RESOLUTION; GOVERNING LAW; ARBITRATION; CLASS WAIVER.

 16.1 Governing Law & Venue. These Terms are governed by the laws of the State of Kansas, excluding conflicts rules. Subject to §16.2, the exclusive venue for any court action (e.g., to compel arbitration or for injunctive relief) is Topeka, Kansas.

 16.2 Arbitration (AAA). Any dispute arising from or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in Topeka, Kansas. The arbitrator may award individual injunctive or equitable relief only to the extent necessary to provide relief warranted by the claimant’s individual claim.

 16.3 Class Action Waiver. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

 16.4 Injunctive Relief. Either party may seek temporary or preliminary injunctive relief in court to protect its Confidential Information or intellectual property pending arbitration.

 

17. NOTICES.

 Notices must be in writing and are deemed given when sent by email with confirmation or by reputable overnight courier.

  – To TitleScout: legal@titlescout.io; Attn: Legal, Sandstorm Technology Group, L.L.C., 3200 SW Huntoon Street, Topeka, Kansas 66604.

  – To Customer: The contact listed in your Order Form or account.

 We may also provide general service notices and updates (including material changes to these Terms) by email to your admin contact or via in‑app notification.

 

18. SUBPROCESSORS.

 We may use subcontractors and subprocessors (including AWS) to provide the Services. We remain responsible for their performance. A current list is available upon request from legal@titlescout.io (we will provide notice of material changes as required by applicable law or our DPA).

 

19. CHANGES TO TERMS.

 We may update these Terms from time to time. Material changes will be notified to your admin email or via in‑app notification and become effective upon posting or as stated in the notice. Continued use after the effective date constitutes acceptance.

 

20. MISCELLANEOUS.

 Assignment (including in connection with a merger or sale of assets) upon notice; force majeure; independent contractors; severability; waiver; and entire agreement with order of precedence (Order Form/SOW → Terms → AUP → Documentation). No third‑party beneficiaries.