Product Disclaimer

Disclaimer and Terms of Use

 

By using the services provided by The Title App, LLC ("Title App"), you agree to the following terms and conditions:

 

 

1. Content Upload and Intellectual Property

  • By uploading photographs or other materials to Title App, you represent and warrant that you own all rights, title, and interest in and to such materials, or that you have obtained all necessary permissions and rights to use, upload, and distribute them.

  • You agree to indemnify and hold Title App harmless from any claims arising from the unauthorized use of uploaded materials.

 

 

2. Confidentiality

  • Title App will maintain the confidentiality of all non-public information provided to us, except as explicitly minted on the blockchain or as required by applicable law or regulation.

  • Information minted on the blockchain will be considered public and accessible to third parties.

 

 

3. Purpose and Limitations of Services

  • The services and digital title certificates ("DTCs") provided by Title App are for informational purposes only and are not intended to substitute for legal, financial, or regulatory advice.

  • DTCs are not securities, are not tradable assets, and represent a digital representation of title to a real-world property asset. Title App does not guarantee the legal enforceability or marketability of such DTCs in any jurisdiction.

  • Users are solely responsible for ensuring that their use of the services complies with local regulations, including obtaining appropriate title insurance, legal advice, and meeting any other applicable requirements.

 

 

4. Vendor Compliance and Usage Restrictions

  • Third-Party Vendors: Title App services integrate data and services from multiple vendors, including but not limited to First American Data Tree LLC ("First American"), ATTOM Data, and Bumper. Each vendor's data and services are subject to specific licensing agreements and usage restrictions that users must adhere to when using Title App.

Permitted Uses:

  • Users may only use the data and services for lawful purposes authorized under the agreements with Title App and its vendors. Permitted uses include reviewing property title information for informational purposes.

Prohibited Uses:

  • Users may not:

    • Resell, republish, or redistribute data provided by vendors.

    • Process or combine vendor data with other datasets for purposes outside the agreed uses.

    • Use data for machine learning, artificial intelligence, or automated processes without explicit authorization.

    • Use data as a factor in determining eligibility for credit, insurance, employment, or any other use that would classify the data as a "consumer report" under the Fair Credit Reporting Act (FCRA).

    • Alter or remove proprietary trademarks, notices, or branding provided by First American, ATTOM Data, Bumper, or other vendors.

Vendor Disclaimers:

  • First American Title Agreement Compliance:

    • Data provided by First American is for informational purposes only and should not be construed as a legal opinion, title insurance commitment, or guarantee of title.

  • ATTOM Data Compliance:

    • ATTOM Data services are subject to geographic and proprietary limitations. Users must adhere to all applicable restrictions.

  • Bumper Data Compliance:

    • Bumper services include additional confidentiality and accuracy disclaimers. Unauthorized use is prohibited.

Acknowledgment of Limitations:

  • Users acknowledge that data availability and quality may vary based on geographic and vendor-specific constraints. Vendors reserve the right to limit or discontinue access to specific data elements based on legal or operational considerations.

Indemnification:

  • Users agree to indemnify and hold harmless Title App and its vendors from any claims, damages, or liabilities arising from unauthorized use of vendor data or services.

 

 

5. Third-Party Wallet Managed by Venly

  • Title App uses a third-party wallet solution managed by Venly through a third-party API. This wallet is essential for storing and managing digital title certificates (DTCs) and NFTs.

  • User Responsibility:

    • Users acknowledge and agree that they are solely responsible for maintaining the security of their wallet PIN, recovery phrases, and any other account information.

    • Title App does not have access to or control over wallet PINs or recovery information. If a user loses their PIN or account details, they may permanently lose access to their DTCs and NFTs.

  • Disclaimer of Liability:

    • Title App is not responsible for any loss or damage resulting from:

      • User negligence in maintaining secure access to their wallet.

      • Unauthorized access caused by third parties due to weak or compromised security measures.

      • Loss of wallet credentials or PINs leading to permanent loss of assets.

  • Venly Terms:

    • By using the wallet service, users also agree to Venly’s terms and conditions, which are separate and distinct from Title App’s terms.

 

 

6. Limitation of Liability

  • Title App provides its services "as is" and makes no representations or warranties regarding the accuracy, completeness, or reliability of the information provided.

  • Title App and its vendors are not liable for any direct, indirect, incidental, or consequential damages arising out of or in connection with the use of the services, including any errors or omissions.

 

 

7. Governing Law

  • This agreement is governed by the laws of the State of California, without regard to conflict of law principles.

  • Any disputes arising out of or related to these terms shall be resolved exclusively in the courts located in California.

 

 

8. Additional Notices

  • Title App reserves the right to update or modify these terms at any time without prior notice.

  • By continuing to use Title App's services, you agree to the updated terms.

 

 

9. User Acknowledgment

  • By accessing or using Title App services, you acknowledge that you have read, understood, and agreed to these terms and conditions.