Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of the browser-based court record management platform operated by American Platform Services, LLC d/b/a TheRecordXchange^® ("TRX," "we," "our," or "us"), including all related services, tools, and features (collectively, the "Platform").

By creating an account, accessing the Platform, or submitting a records request through the Platform, you agree to be bound by these Terms. If you are accessing the Platform on behalf of a court, government agency, or other organization, you represent that you have authority to bind that organization to these Terms, and references to "you" include that organization.

If you do not agree to these Terms, do not access or use the Platform.

2. Platform Description

TheRecordXchange provides browser-based court record management technology designed exclusively for courts and their stakeholders. The Platform consists of the following core components:

• Asgard

  The core record storage and management layer. Asgard provides courts with a secure, centralized repository for audio and video recordings, certified transcripts, and associated case materials.

• Request Central

  The public records request workflow tool. Request Central enables members of the public, attorneys, and other authorized parties to submit, track, and receive court records requests through a structured, auditable process.

• TRX TranscriptionPro^™

  An AI-assisted speech-to-text transcription tool integrated within the Platform. TRX TranscriptionPro helps court reporters and authorized staff produce and edit transcripts from audio and video recordings.

The specific features and components available to you depend on your account type and any agreement between your organization and TRX.

3. Authorized Use

You may use the Platform only for its intended purposes and only in accordance with these Terms and applicable law.

4. Court Customer Responsibilities

Courts that subscribe to the Platform accept the following responsibilities as part of their use:

• User management — Maintaining accurate and current lists of authorized users. Promptly removing access for staff who change roles or leave the organization.
• Legal compliance — Complying with all applicable court records laws, public records statutes, privacy laws, and court rules governing the records managed through the Platform. TRX is a technology provider and is not responsible for determining what records are subject to disclosure or exemption under applicable law.
• Data accuracy — Ensuring that records uploaded to the Platform are accurate, complete, and uploaded in the correct format. TRX is not responsible for errors in records content supplied by the court.
• Fee schedule maintenance — Setting and maintaining accurate fee schedules within the Platform for public records requests, in accordance with the court's applicable rules and statutes.
• Security practices — Implementing reasonable internal controls to protect account credentials and prevent unauthorized access.

5. Public Requester Terms

If you use the Platform as a member of the public to submit or track records requests, the following additional terms apply:

• Legitimate purpose — Records requests must be submitted for legitimate legal or informational purposes consistent with applicable public records laws. Requests submitted to harass, intimidate, or for other improper purposes may be rejected by the court.
• Fees — Fees for records are set by each participating court in accordance with their applicable fee schedule and statutory authority. TRX displays fees as configured by the court and is not responsible for fee determinations. Fees paid are generally non-refundable unless required by the court's policy or applicable law.
• Record content — TRX is not responsible for the content, accuracy, completeness, or timeliness of court records. All records are provided by and are the responsibility of the court that produced them.
• Response times — TRX does not control response times for records requests. Response times are governed by the court's applicable rules and workload.

6. Intellectual Property

7. Service Availability

TRX operates under SOC 2 Type II certified infrastructure and uptime controls. We are committed to maintaining high Platform availability. However:

• Planned maintenance may periodically affect Platform availability. TRX will provide advance notice of planned maintenance windows through in-Platform notifications or email to court account administrators.
• TRX does not guarantee uninterrupted or error-free service. Certain factors outside TRX's control (including internet connectivity, third-party infrastructure, and force majeure events) may affect Platform availability.
• Specific uptime commitments, if any, are set forth in the applicable service agreement between TRX and the court customer.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

In no event will American Platform Services, LLC, its officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of or inability to use the Platform, even if TRX has been advised of the possibility of such damages.

TRX's total cumulative liability to you for any claims arising under or related to these Terms or the Platform will not exceed the greater of (a) the fees paid by you to TRX in the twelve months preceding the claim, or (b) [TODO: specify minimum dollar amount with legal review].

The Platform is provided "as is" and "as available" without warranty of any kind. TRX disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

9. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [TODO: insert jurisdiction — confirm with legal], without regard to its conflict of law principles.

Any dispute arising out of or relating to these Terms or the Platform that cannot be resolved through good-faith negotiation will be subject to the exclusive jurisdiction of the state and federal courts located in [TODO: insert venue — confirm with legal].

10. Changes to Terms

TRX may update these Terms from time to time to reflect changes in our services, legal requirements, or business practices. When we make material changes, we will:

• Update the "Last updated" date at the top of this page
• Provide notice to court account administrators via email or in-Platform notification at least [TODO: specify notice period — confirm with legal] before the changes take effect

Your continued use of the Platform after the effective date of updated Terms constitutes your acceptance of those changes. If you do not agree with an update, you must stop using the Platform and, if you are a court customer, contact TRX to discuss your options.

11. Contact

For questions about these Terms or to report a potential violation, contact us at:

For privacy-related inquiries, please visit our Privacy Policy.