End User Terms of Service - TheRecordXchange

Last Updated: December 2025

OVERVIEW

These End User Terms of Service (these “Terms” or “End User Terms”) govern your access to and use of the TheRecordXchange platform (“Platform” or “Services”) as an individual user accessing court and administrative proceeding recordings, transcripts, and related materials. These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and American Platform Services LLC d.b.a. TheRecordXchange (“TRX,” “we,” “us,” or “our”).

The Platform provides access to audio and video recordings from court and administrative proceedings, automated and certified transcription services, and related materials. Access to specific recordings is subject to authorization by the originating court or agency and compliance with applicable laws, court rules, and access policies.

BY CREATING AN ACCOUNT, ACCESSING THE PLATFORM, OR ORDERING ANY RECORDINGS OR TRANSCRIPTS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE PLATFORM.

IMPORTANT NOTICES:

These Terms apply to individual users accessing recordings and transcripts through the Platform
Your access to specific recordings is subject to authorization by the originating court or agency
You are responsible for understanding and complying with all applicable laws, court rules, and restrictions governing your use of court recordings
AI-generated transcriptions are NOT certified court transcripts
If you are located outside the United States, additional terms may apply as set forth in our International Terms Addendum

1. DEFINITIONS

“Account” means the user account you create to access and use the Platform.

“Automated Transcript” means a transcript generated using AI-powered automated transcription technology, which is not a certified court transcript.

“Certified Transcript” means a transcript prepared and certified by a qualified court reporter or transcriptionist in accordance with applicable court rules and professional standards.

“Content” means any recordings, transcripts, documents, data, or other materials accessible through the Platform.

“Court” or “Originating Court” means the court, administrative agency, or government entity that created or controls the recordings and has authorized distribution through the Platform.

“Order” means a request submitted through the Platform to access, download, or receive recordings, transcripts, or other Content.

“Platform” means the TheRecordXchange website, applications, and related services that enable access to court and administrative proceeding recordings.

“Recording” means any audio or video recording of court or administrative proceedings made available through the Platform.

2. ACCOUNT REGISTRATION AND ACCESS

2.1 Account Requirement

You must create an Account to access the Platform and order Content. By creating an Account, you represent and warrant that:

You are at least 18 years of age or the age of majority in your jurisdiction
All information you provide during registration is accurate, current, and complete
You will maintain and promptly update your Account information
You have the legal capacity and authority to enter into these Terms

2.2 Account Security

You are responsible for:

Maintaining the confidentiality of your Account credentials
All activities that occur under your Account
Notifying TRX immediately of any unauthorized use of your Account or any other security breach
Using strong passwords and not sharing your login credentials with others

TRX will not be liable for any loss or damage arising from your failure to protect your Account credentials.

2.3 Account Termination

TRX may suspend or terminate your Account at any time if: (a) you breach these Terms; (b) TRX reasonably believes your Account has been compromised; (c) continued access poses a security risk; or (d) required by law or court order. You may close your Account at any time by contacting TRX customer support.

3. ACCESSING RECORDINGS AND CONTENT

3.1 Authorization Requirements

Your access to specific Recordings and Content is subject to authorization by the Originating Court or agency. TRX facilitates access to Recordings on behalf of participating courts and agencies but does not control which Recordings are available or who may access them. You acknowledge that:

Access to Recordings may require verification of your identity, legal standing, or relationship to the proceeding
The Originating Court may restrict access to certain Recordings based on case type, confidentiality requirements, or court rules
TRX may deny access to Recordings if you do not meet the access criteria established by the Originating Court

3.2 Compliance with Court Rules and Applicable Law

YOU ARE SOLELY RESPONSIBLE FOR UNDERSTANDING AND COMPLYING WITH ALL APPLICABLE LAWS, COURT RULES, PROTECTIVE ORDERS, CONFIDENTIALITY REQUIREMENTS, AND OTHER RESTRICTIONS governing access to and use of Recordings from the jurisdiction(s) where the proceedings occurred. Such requirements vary by jurisdiction and may include restrictions on:

Who may access Recordings of certain case types
How Recordings may be used, stored, or distributed
Redaction or protection of sensitive information
Public disclosure of Recordings or their contents
Commercial use of Recordings

TRX does not provide legal advice regarding the applicable restrictions in any jurisdiction. If you are uncertain about the rules governing your access to or use of any Recording, you should consult with qualified legal counsel before accessing or using such Recording.

3.3 License to Access Content

Subject to your compliance with these Terms and payment of applicable fees, TRX grants you a limited, non-exclusive, non-transferable, revocable license to access, view, and (where permitted) download Content solely for purposes authorized by law and the Originating Court. This license does not include any right to:

Redistribute, republish, broadcast, or publicly display Content except as permitted by applicable law
Use Content for commercial purposes unless expressly authorized
Modify, alter, or create derivative works from Content
Remove any copyright, trademark, or proprietary notices from Content
Use automated systems to access or download Content except as expressly permitted

4. TRANSCRIPTION SERVICES

4.1 Types of Transcripts

TRX offers two types of transcription services:

Automated Transcripts: Transcripts generated using AI-powered automated speech recognition technology
Certified Transcripts: Transcripts prepared and certified by qualified court reporters or transcriptionists

4.2 AUTOMATED TRANSCRIPT DISCLAIMER

IMPORTANT: AUTOMATED TRANSCRIPTS ARE NOT CERTIFIED COURT TRANSCRIPTS.

You acknowledge and agree that:

Automated Transcripts are provided as a convenience feature only and are generated by artificial intelligence technology
Automated Transcripts are NOT suitable for use as official court records, legal filings, or evidentiary purposes without independent human review and verification
Transcription accuracy varies significantly based on audio quality, speaker clarity, background noise, technical terminology, accents, overlapping speech, and other factors
You are solely responsible for verifying the accuracy and completeness of any Automated Transcript before relying on it for any purpose
You must determine whether Automated Transcripts meet applicable court rules, evidentiary standards, and legal requirements for your intended use
Where a certified transcript is required by law, court rule, or the nature of the proceeding, you must obtain a Certified Transcript

TRX DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF AUTOMATED TRANSCRIPTS. TRX SHALL HAVE NO LIABILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN AUTOMATED TRANSCRIPTS OR FOR ANY DAMAGES ARISING FROM RELIANCE ON AUTOMATED TRANSCRIPTS.

4.3 Certified Transcripts

Certified Transcripts are prepared by qualified court reporters or transcriptionists and are certified in accordance with applicable professional standards. Certified Transcripts may be used for official court records, legal filings, and evidentiary purposes subject to applicable court rules. Availability, turnaround times, and pricing for Certified Transcripts vary based on the Recording and service level selected.

5. ORDERS AND PAYMENT

5.1 Placing Orders

You may place Orders for Recordings, transcripts, and other Content through the Platform. By placing an Order, you agree to pay all applicable fees and charges. Orders are subject to acceptance and may be rejected if you do not meet access requirements or if the requested Content is unavailable.

5.2 Pricing and Fees

Fees for Content are displayed at the time of Order and may include:

Recording access or download fees
Transcription service fees
Rush or expedited service fees
Any fees imposed by the Originating Court

All fees are stated in U.S. Dollars and are subject to change. You are responsible for any applicable taxes.

5.3 Payment Processing

Payments are processed through our third-party payment processor. By submitting payment information, you authorize us to charge your selected payment method for all fees associated with your Order. TRX does not store your complete credit card information.

5.4 Seller of Record

Depending on the Originating Court’s arrangement with TRX, the seller for your Order may be either TRX or the Originating Court. The applicable seller will be identified during the Order process. Regardless of the seller of record, these Terms govern your use of the Platform and the Content you access.

5.5 Refund Policy

All sales are final. Nevertheless, if you believe that you have paid for the Platform or Content in error, or are otherwise entitled to a full or partial refund, please contact us at customersuccess@trxchange.com and TRX will evaluate your request. Occasionally TRX will facilitate payment for Content offered by third parties, such as court transcripts. If a refund is requested for such transactions, TRX will use reasonable commercial efforts to contact the provider of the Content in an attempt to resolve any issues with such third parties. TRX does not warrant or guarantee that it can resolve any such issues, nor can it issue refunds for transactions for which it served merely as a payment facilitator.

6. ACCEPTABLE USE AND PROHIBITED CONDUCT

6.1 Permitted Use

You may use the Platform and Content only for lawful purposes consistent with:

Applicable laws and regulations
Court rules and orders applicable to the Recordings
The purpose for which access was granted
These Terms

6.2 Prohibited Conduct

You shall not:

Access Recordings you are not authorized to access or misrepresent your authorization to access Recordings
Violate any protective order, confidentiality requirement, or court rule applicable to any Recording
Use Content to harass, threaten, intimidate, or harm any person
Use Content for any unlawful purpose
Reproduce, distribute, or publicly display Content except as permitted by applicable law
Attempt to circumvent any access controls, security features, or technological measures
Use automated systems, bots, or scripts to access the Platform or download Content without express authorization
Transmit viruses, malware, or other harmful code
Interfere with or disrupt the Platform or other users’ access
Impersonate any person or entity or misrepresent your affiliation
Use the Platform for commercial purposes not authorized by TRX or the Originating Court
Reverse engineer, decompile, or attempt to derive the source code of the Platform

7. INTELLECTUAL PROPERTY

7.1 Platform Ownership

TRX and its licensors own all right, title, and interest in the Platform, including all software, technology, trademarks, and intellectual property. Nothing in these Terms transfers any ownership rights to you.

7.2 Recording Ownership

Content remains the property of the Originating Court or the parties creating such Content, as applicable. For example, TRX will, from time to time, create derivative works of such Content, and TRX is the owner of such derivative works, which are themselves Content. Stenographically recorded transcripts are owned by the court reporter making such transcription, and are also Content. Your access to Content does not transfer ownership of the Content to you, and you are not entitled to make copies of any Content without the express permission of the owner of such Content. You hereby agree to abide by all copyright and other laws relating to the use, copying, public use, public performance, creation of derivative works, license or sale of any Content.

7.3 Trademarks

“TheRecordXchange” and related logos are trademarks of American Platform Services LLC. You may not use TRX trademarks without prior written permission.

8. PRIVACY AND DATA PROTECTION

TRX’s collection, use, and disclosure of your personal information is governed by our Privacy Policy, available at [URL]. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.

You acknowledge that Recordings may contain personal information of third parties (participants in proceedings). You agree to handle any personal information accessed through the Platform in compliance with applicable privacy laws and court rules.

9. DISCLAIMERS

9.1 Platform Disclaimer

THE PLATFORM AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRX DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 Content Disclaimer

TRX does not warrant that:

Content will be accurate, complete, or error-free
The Platform will be uninterrupted or secure
Any Recording is suitable for any particular purpose
Automated Transcripts are accurate or complete

9.3 Third-Party Services

The Platform may integrate with third-party services. TRX makes no warranties regarding third-party services and shall have no liability for issues arising from such services.

9.4 No Legal Advice

TRX does not provide legal advice. Information provided through the Platform regarding court rules, access requirements, or restrictions is for informational purposes only and should not be relied upon as legal advice. Consult qualified legal counsel for questions regarding your legal rights and obligations.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER TRX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRX’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS PAID BY YOU TO TRX IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

10.3 Basis of the Bargain

You acknowledge that the limitations in this Section 10 reflect the allocation of risk between you and TRX and are essential terms of these Terms.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless TRX, its affiliates, and their respective officers, directors, employees, and agents from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

Your violation of these Terms
Your violation of any applicable law, court rule, or third-party right
Your unauthorized use or distribution of any Recording or Content
Your misrepresentation of your authorization to access any Recording
Any claim by a third party arising from your use of Content

12. TERMINATION

12.1 Termination by You

You may terminate your Account at any time by contacting TRX customer support. Termination does not relieve you of any obligations under these Terms regarding Content you have accessed.

12.2 Termination by TRX

TRX may suspend or terminate your access to the Platform immediately, without notice, if: (a) you breach these Terms; (b) required by law or court order; (c) the Originating Court revokes authorization for access; or (d) TRX discontinues the Platform or any service.

12.3 Effect of Termination

Upon termination: (a) your license to access the Platform and Content terminates immediately; (b) you must cease all use of Content obtained through the Platform except as permitted by applicable law; (c) TRX may delete your Account and associated data; and (d) provisions that by their nature should survive termination shall survive, including Sections 6, 7, 9, 10, 11, and 13.

13. DISPUTE RESOLUTION AND GOVERNING LAW

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, without regard to its conflict of laws principles.

13.2 Jurisdiction and Venue

You agree that any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in Maricopa County, Arizona. You consent to the jurisdiction and venue of such courts and waive any objection to venue or inconvenient forum.

13.3 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact TRX and attempt to resolve any dispute informally for at least thirty (30) days.

13.4 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14. INTERNATIONAL USERS

The Platform is operated from the United States. If you access the Platform from outside the United States:

You do so at your own risk and are responsible for compliance with local laws
You consent to the transfer of your personal information to the United States
Additional terms may apply as set forth in our International Terms Addendum, which is incorporated into these Terms by reference for users located outside the United States

If you are located in the United Kingdom, Australia, New Zealand, or the European Union, please review the International Terms Addendum for jurisdiction-specific provisions that may apply to you.

15. GENERAL PROVISIONS

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable addenda, constitute the entire agreement between you and TRX regarding your use of the Platform and supersede all prior agreements and understandings.

15.2 Modifications

TRX may modify these Terms at any time by posting revised Terms on the Platform. Your continued use of the Platform after such posting constitutes acceptance of the modified Terms. Material changes will be announced via email or notice on the Platform.

15.3 Waiver

No waiver of any provision of these Terms shall be effective unless in writing. No waiver of any breach shall be deemed a waiver of any subsequent breach.

15.4 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.

15.5 Assignment

You may not assign these Terms without TRX’s prior written consent. TRX may assign these Terms without restriction.

15.6 Notices

TRX may provide notices to you via email to the address associated with your Account or by posting on the Platform. You may provide notices to TRX at the contact information below.

15.7 Force Majeure

TRX shall not be liable for any failure or delay caused by events beyond its reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, or internet or telecommunications failures.

15.8 No Third-Party Beneficiaries

These Terms are for the benefit of you and TRX only. There are no third-party beneficiaries except that Originating Courts may enforce provisions relating to access restrictions and use of their Recordings.

CONTACT INFORMATION

Questions about these End User Terms of Service should be directed to:

American Platform Services LLC d.b.a. TheRecordXchange

8687 E. Via de Ventura Ste. 216

Scottsdale, AZ 85258

Phone: (800) 406-1290

Email: customersuccess@trxchange.com

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END OF END USER TERMS OF SERVICE

BY CREATING AN ACCOUNT OR USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE END USER TERMS OF SERVICE.