Terms of Service

• "Service" means the TitleMagic web application, Magic Links, e-signature functionality, form library, integrations, APIs and related websites, documentation and support provided by JVL Agency.
• "Authorized User" means an employee or contractor of Customer (for example, an Owner or Processor) whom Customer permits to access the Service under Customer's account.
• "Signer" means a person (such as a buyer, seller, borrower or entity representative) to whom Customer sends a Magic Link to complete or sign a form.
• "Client Data" means all information submitted by or about Signers through the Service, including form answers, personal and financial information, signatures and uploaded documents.
• "Customer Data" means Client Data together with all other data Customer or its Authorized Users submit to the Service, including company details, logos and integration credentials.
• "Magic Link" means the unique, secure, passwordless link the Service emails to a Signer to open a specific form.

TitleMagic is a business-to-business software platform that enables title and escrow companies, closing attorneys and settlement agents to send secure Magic Links to Signers, collect form information and supporting documents, capture electronic signatures and generate PDF records. Customer may use the Service on its own or alongside the title production or other software it uses, and may choose to transmit completed data to such software where the Service offers that option.

JVL Agency provides software only. JVL Agency is not a title insurance company, title agent, settlement agent, escrow agent, closing agent, attorney, lender, mortgage broker or financial institution, and does not provide title, escrow, settlement, closing, legal, tax or financial services or advice. JVL Agency does not review, verify or approve the content of any form, the accuracy of any information submitted by a Signer, the identity of any Signer, or the sufficiency of any document for Customer's transaction. Customer is solely responsible for its title, escrow and closing services and for all decisions made using information collected through the Service.

The Service is intended solely for businesses located in the United States and is not offered to consumers for personal, family or household use. Each Authorized User must be at least 18 years old.

Customer must provide accurate, complete registration and billing information and keep it current. Authorized Users may sign in with an email address and password or with Google Sign-In. Customer is responsible for (a) maintaining the confidentiality of all Authorized User credentials; (b) all activity that occurs under its account, including every Magic Link sent from it; (c) promptly removing access for personnel who no longer require it; and (d) notifying us immediately at info@jvlagency.com of any actual or suspected unauthorized access. Account credentials may not be shared between individuals.

Signers do not create accounts. Instead, the Service emails each Signer a unique, randomly generated Magic Link. Each Magic Link: (a) is personal to the Signer to whom it is addressed; (b) expires seven (7) days after it is issued unless Customer extends it; (c) stops accepting changes once the Signer submits the form; and (d) is permanently deactivated when Customer resends a replacement link.

Because a Magic Link grants access to a form without a password, anyone who obtains the link while it is active may be able to view and complete that form. Customer is responsible for sending Magic Links only to the correct, verified email address of the intended Signer, and for instructing Signers not to forward them. The Service does not perform identity verification, knowledge-based authentication or notarization. Where applicable law, Customer's underwriter or the transaction requires identity verification, Customer must perform it independently.

The Service allows Signers to sign by drawing a signature or typing their full legal name. Before signing, each Signer must review and accept a Consent to Electronic Records and Signatures, which is designed to satisfy the consumer consent requirements of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in the applicable state. For each signature, the Service records the Signer's name, the date and time of signing, IP address, browser information and the version of the consent the Signer accepted, and includes that audit trail in the generated PDF record.

Customer is solely responsible for determining whether an electronic signature is legally sufficient and acceptable for each document it sends, including to Customer's underwriters, lenders, recording offices and counterparties. Certain documents (for example, instruments that must be notarized, witnessed or recorded) may require a wet-ink signature, notarization or remote online notarization, which the Service does not provide. Customer is responsible for honoring any Signer's request to sign on paper, to receive a paper copy, or to withdraw consent to electronic records, and for retaining signed records as required by law.

Templates. The Service includes form templates prepared by JVL Agency ("System Templates"). System Templates, including any certification, authorization, advisory or other wording in them, are provided as a convenience. They are not legal, tax or regulatory advice, and they may not meet the requirements of every state, transaction, underwriter or lender. Customer is responsible for reviewing each template before using it and for deciding whether it is appropriate for Customer's transactions.

Customer content. Customer is solely responsible for the content, accuracy and legal sufficiency of any content Customer adds or changes, including company disclaimers, per-form disclaimers, wire fraud advisories, template names, hidden fields and additional questions ("Customer Content"), and for its use of any form, including System Templates, with Signers. JVL Agency does not review Customer Content.

Versions. Each Magic Link records the version of the form, and of any disclaimer, shown to the Signer, and the Service generates the signed record from that version. Changing a template does not change Magic Links already sent.

Identity and payment instructions. The Service does not verify the identity of Signers or the authority of anyone signing for an entity or trust, and it is not designed to collect wire or payment instructions. Customer is solely responsible for verifying Signers' identities and authority and for verifying wiring instructions and payment details through independent means.

The Service is offered on a subscription basis under the plans described on our Pricing page or in your order at checkout (currently Starter, Pro and Office). Each plan includes a monthly allowance of Magic Links (for example, 50 for Starter, 200 for Pro and unlimited for Office). Each Magic Link sent to an individual Signer counts toward the allowance; resending a replacement link does not. Unused Magic Links do not roll over to the next billing period. Free and trial accounts may be limited to a small number of Magic Links.

Subscriptions are billed monthly in advance and renew automatically at the end of each billing period until canceled. There is no setup fee. Optional one-time services, such as Assisted Setup (currently $499), are charged only if Customer selects them at checkout. Fees for optional services and subscription fees are non-refundable except where required by law or expressly stated by us in writing. Fees are exclusive of taxes, which Customer is responsible for paying (other than taxes on our income).

Plan changes take effect as shown to you at the time of the change and may be prorated. Cancellations take effect at the end of the current billing period. We may change our fees on at least thirty (30) days' notice; changes apply from the next billing period after the notice period. If a payment fails, your account may be marked past due and we may suspend the sending of new Magic Links until payment is received. Accounts that remain unpaid may be canceled.

Payments are processed by Stripe, Inc. ("Stripe"), a third-party payment processor. When you enter payment information, you provide it directly to Stripe, and your use of Stripe's services is subject to Stripe's own terms and privacy policy. JVL Agency does not receive or store full credit card numbers, card security codes or bank card data; we receive only a customer identifier, subscription status and limited billing details (such as plan, billing period and payment status). By subscribing, you authorize us, through Stripe, to charge your selected payment method for all fees when due, including recurring subscription fees.

As between the parties, Customer owns all Customer Data. Customer grants JVL Agency a limited, non-exclusive license to host, store, process, transmit and display Customer Data solely to provide, secure and support the Service, to comply with law, and as otherwise instructed by Customer. With respect to Client Data, JVL Agency acts as a service provider processing information on Customer's behalf. We do not sell Customer Data, use Client Data for advertising, or use Client Data to train machine-learning models.

We maintain administrative, technical and physical safeguards designed to protect Customer Data, including:

• encryption in transit using TLS (HTTPS) for all connections to the Service;
• field-level encryption at rest using AES-256-GCM for Social Security numbers, bank account numbers, routing numbers, tax identification numbers and other fields designated as sensitive, and for stored integration credentials such as API keys for connected systems;
• AES-256-GCM encryption at rest for all documents uploaded by Signers (such as driver's licenses, passports, entity formation documents and statements), which are never publicly accessible and may be downloaded only by authenticated Authorized Users of the Customer that requested them;
• logical separation of each Customer's data and access controls that limit each Authorized User to their own company's records;
• hashed passwords, single-use and time-limited password reset links, rate limiting, security headers and logging of administrative actions;
• masking of Social Security, bank account and routing numbers in generated PDF records; and
• masking of sensitive values in the dashboard, where a full value is shown only on an explicit request that is recorded in an access log together with document and PDF downloads.

No method of transmission or storage is completely secure, and we cannot guarantee absolute security. Customer is responsible for its own information security program (including any obligations under the Gramm-Leach-Bliley Act Safeguards Rule, state law or its underwriters' requirements), for the security of devices and accounts used by its Authorized Users, and for the handling of any Customer Data after it is downloaded, exported or transmitted outside the Service. If we become aware of unauthorized access to Customer Data in our systems, we will notify Customer without undue delay and provide information reasonably available to us so that Customer can meet its own notification obligations.

Customer is responsible for providing all notices and obtaining all consents required by law to collect Client Data through the Service and to transmit it to third-party systems.

Where the Service offers it, Customer may connect a title production or other third-party system (for example, by providing an API key) and instruct the Service to transmit completed submissions to it. By doing so, Customer authorizes us to transmit the relevant Client Data, including decrypted sensitive fields, to that system on Customer's behalf. Connected systems and other third-party services (including Google Sign-In and Stripe) are provided by independent companies under their own terms. JVL Agency does not control and is not responsible for third-party services, their availability, their security or their handling of data once received, and interruptions or changes to third-party services may affect the Service.

Qualia, SoftPro, RamQuest, ResWare, AccuTitle and other third-party product names used in the Service or on our website are trademarks of their respective owners and are used for identification only. JVL Agency is not affiliated with, endorsed by or sponsored by them.

Customer and its Authorized Users will not, and will not permit anyone to:

• use the Service for any unlawful, fraudulent or deceptive purpose, including phishing, wire fraud or impersonating a title company, lender or other person;
• send Magic Links to anyone who has not engaged in a transaction with Customer or who has not agreed to be contacted, or use the Service to send unsolicited commercial messages;
• collect information Customer is not legally permitted to collect, or use Client Data for any purpose other than the Signer's transaction;
• use additional questions, uploads or other Customer Content to collect payment card numbers, bank account or wire instructions, online banking credentials, passwords or one-time security codes;
• upload malware or content that infringes or misappropriates the rights of others;
• attempt to gain unauthorized access to the Service, other customers' data or our systems, or probe, scan or test their vulnerability without our written permission;
• interfere with or disrupt the Service, circumvent usage limits, rate limits or security controls, or use automated means to access the Service except through interfaces we provide;
• copy, modify, reverse engineer or create derivative works of the Service, or resell, sublicense or provide the Service to third parties as a service bureau; or
• use the Service to build a competing product.

We may suspend access immediately if we reasonably believe any of the above has occurred or that suspension is necessary to protect the Service, other customers or Signers.

JVL Agency and its licensors own all rights in the Service, including the software, form library, designs, trademarks and documentation. Subject to these Terms and payment of fees, we grant Customer a limited, non-exclusive, non-transferable right during the subscription term to access and use the Service for its internal business purposes. If you provide suggestions or feedback, we may use them without restriction or obligation to you.

Each party will protect the other party's non-public information disclosed in connection with the Service using at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and service providers who need to know it and are bound by confidentiality obligations, or as required by law. Customer Data is Customer's confidential information.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, JVL AGENCY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT EMAILS CONTAINING MAGIC LINKS WILL BE DELIVERED OR NOT FILTERED AS SPAM, THAT DATA WILL TRANSMIT TO ANY CONNECTED SYSTEM WITHOUT DELAY OR ERROR, OR THAT ANY INFORMATION SUBMITTED BY A SIGNER IS ACCURATE, COMPLETE OR AUTHENTIC.

The Service does not transmit, hold or disburse funds, and it is not designed to collect wire or payment instructions. Customer is solely responsible for verifying the identity of Signers and the authority of entity and trust signers, and for verifying wiring instructions and payment details through independent means before sending or accepting funds, even if related information was collected through the Service.

JVL Agency does not provide legal, tax or regulatory advice, including through System Templates, help text, our website or support.

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) JVL AGENCY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) JVL AGENCY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES CUSTOMER PAID TO JVL AGENCY FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

WITHOUT LIMITING THE FOREGOING, JVL AGENCY WILL NOT BE LIABLE FOR ANY LOSS ARISING FROM: THE ACCURACY OR COMPLETENESS OF TITLE, ESCROW, SETTLEMENT OR CLOSING WORK; DELAYED, FAILED OR CANCELED CLOSINGS; TITLE INSURANCE CLAIMS OR UNDERWRITER DECISIONS; INFORMATION PROVIDED BY SIGNERS; MISDIRECTED, FRAUDULENT OR UNAUTHORIZED WIRE TRANSFERS OR PAYMENTS; MAGIC LINKS SENT TO INCORRECT ADDRESSES OR FORWARDED BY RECIPIENTS; THE LEGAL SUFFICIENCY OF ANY ELECTRONIC SIGNATURE FOR A PARTICULAR DOCUMENT; OR THE ACTS OR OMISSIONS OF CONNECTED SYSTEMS OR OTHER THIRD-PARTY SERVICES.

These limitations apply to all theories of liability, including contract, tort (including negligence) and strict liability, and are an essential basis of the bargain between the parties.

Customer will defend, indemnify and hold harmless JVL Agency and its owners, officers, employees and contractors from and against any claims, damages, losses, liabilities, penalties, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) Customer's title, escrow, settlement, closing or other professional services; (b) Customer Data, the forms Customer sends and Customer's collection and use of Client Data; (c) any transaction in which the Service was used, including claims by Signers, buyers, sellers, borrowers, lenders, underwriters or other parties; (d) Customer's or its Authorized Users' violation of these Terms or applicable law; or (e) any unauthorized use of Customer's account resulting from Customer's failure to safeguard credentials.

These Terms apply from the date you accept them until your subscription ends. Customer may cancel at any time from the Billing page or the Stripe customer portal; cancellation takes effect at the end of the current billing period. We may suspend or terminate the Service on notice if Customer fails to pay fees when due, materially breaches these Terms and does not cure the breach within ten (10) days of notice, or immediately where required by law or to prevent harm to the Service, Signers or others.

On cancellation or termination, Customer's right to send Magic Links ends and any unsigned Magic Links are deactivated. Sections that by their nature should survive (including fees owed, Customer Data retention, disclaimers, limitation of liability, indemnification and governing law) survive termination.

During the subscription, we retain Customer Data until Customer deletes it, asks us to delete it, or it reaches the end of a retention period Customer selects in the Service. By default, Customer Data is kept for as long as the subscription is active. If Customer selects a retention period, the answers, signatures and documents of each submission are deleted or de-identified automatically once that period has passed after the submission was signed (or, if never signed, created), and, if Customer chooses, a copy of the signed PDF record is kept until the account is deleted. After cancellation or termination, Customer's account remains available in read-only mode for thirty (30) days so that Customer can download submissions, PDF records and documents. After that period, we will delete or de-identify Customer Data within ninety (90) days, except that (a) copies in backups are deleted as those backups are overwritten in the normal course; (b) we may retain billing records and data we are required to keep by law; and (c) we may retain limited account and audit records to establish, exercise or defend legal claims. Customer may request earlier deletion by emailing info@jvlagency.com.

Customer is solely responsible for retaining its own records for the periods required by law and by state title and escrow regulations, underwriters, lenders and other applicable requirements, including records that support information returns such as Form 1099-S (the IRS requires the filer to keep the transferor's certification for four years), and for choosing a retention period in the Service that meets those requirements. The Service provides a one-click export of Customer's records and, after cancellation, sends reminders to Customer's account owners before data is deleted; Customer should export any records it needs before its account is deleted. If a Signer asks us to access, correct or delete their information, we will refer the request to the Customer that collected it and assist Customer as reasonably required.

We may improve and change the Service from time to time. We may update these Terms by posting a revised version and, for material changes, notifying Customer by email or in the Service at least thirty (30) days before they take effect. We may also ask Authorized Users to accept updated Terms in the Service before they continue to use it, and we record who accepted which version and when. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, you may cancel before the changes take effect.

These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, and by applicable federal law. Any dispute arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in Collier County, Florida, and each party consents to the personal jurisdiction of those courts. EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE, TO THE EXTENT PERMITTED BY LAW. Either party may seek injunctive relief in any court of competent jurisdiction to protect its confidential information or intellectual property.

These Terms, together with any order form and our Privacy Policy, are the entire agreement between the parties regarding the Service and supersede prior agreements on that subject. If any provision is held unenforceable, the remainder will remain in effect. Our failure to enforce a provision is not a waiver. Customer may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control (other than payment obligations). Notices to us must be sent to info@jvlagency.com; notices to Customer may be sent to the account owner's email address. The parties are independent contractors.

Questions about these Terms may be sent to JVL Agency at info@jvlagency.com.