EquiMine, Inc. D/B/A PropStream

Terms of Use

PROPSTREAM SOFTWARE AS A SERVICE TERMS AND CONDITIONS

Effective FEBRUARY 10TH, 2026

Please review these terms and conditions (“Terms of Use”) carefully as they are intended to form a legally-binding agreement between EquiMine, inc. (d/b/a PropStream) (“EquiMine” or “we/our/us”) and you (the “Customer” or “You/Your”) for the use of the PropStream App Service (as defined below). IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS OF USE, THEN PLEASE DO NOT HIT “ACCEPT” OR SIGN UP FOR THE PROPSTREAM APP SERVICE. BY SIGNING UP FOR, AND PAYING FOR THE PROPSTREAM APP SERVICE, YOU INDICATE THAT YOU AGREE TO ALL OF THE TERMS OF USE SET FORTH BELOW AND ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH EQUIMINE, INC. D/B/A/ PROPSTREAM.

EquiMine offers a technology platform configured with applications, software, products, services, platforms, and functionalities, including licensed information which EquiMine aggregates from its licensors and presents to You regarding U.S. real estate properties, (collectively, the “PropStream App Service”). The PropStream App Service governed by these Terms of Use are strictly limited to those provided under the subscription agreement that expressly references these Terms. No other services, features, or offerings outside the scope of such subscription shall be deemed covered by or subject to these Terms of Use. Please note the definition of PropStream App Service will not include third-party products or services described in the section “THIRD-PARTY SERVICES PROVIDED THROUGH EQUIMINE” below). The PropStream App Service is provided on a subscription basis. These Terms of Use form the basis of a legal agreement between You and EquiMine. By registering for, accessing, or using the PropStream App Service, You acknowledge that You have read, understood, and agree to be bound by the Terms of Use contained herein (the “Agreement”). This Agreement includes the Data Protection Agreement, incorporated by reference herein. This Agreement applies to free trials of the PropStream App Service, as well as paid subscriptions, and supersedes any Student Purchase Agreement into which You may have previously entered. EquiMine may update these Terms of Use at any time with or without notice to You; You may not alter these Terms of Use except in a written agreement signed by EquiMine.

Subscription. In exchange for compliance with the Terms of Use, including the payment of the subscription fees, EquiMine grants You access to the PropStream App Service through a subscription. Except as otherwise noted herein (i.e., Team Accounts below), this access and subscription are particular to You, and You may not allow others to use the PropStream App Service, nor may You transfer or assign Your subscription to another person without the written approval of EquiMine. EquiMine reserves the right to modify or discontinue any aspect, portion or attribute of the PropStream App Service, and the offering of any information with or without notice to You. EquiMine is not liable to You in the event that EquiMine exercises its right to modify or discontinue any aspect of the PropStream App Service. Due to restrictions by some of our data providers, certain portions of the PropStream App Service may not be available for use by tax authorities.

The subscription to the PropStream App Service includes the use of the technology platform and its software applications, as well as information configured by the applications, and the use of a “workspace” within the platform for Your use (which must be related to the PropStream App Service). The “workspace” is a feature that allows You to organize and manage information, including (i) publicly available information You access through the PropStream App Service, (ii) data You obtain from optional third-party services, such as skip tracing providers, and (iii) any service for which you
are subject to separate terms of service, which You choose to integrate with or use in connection with Your workspace. For any data You obtain from such optional third-party services and subsequently manage within Your workspace, You are the “Business” or “Controller” (or equivalent terms under applicable data protection laws) of that data, and EquiMine acts solely as a “Service Provider” or “Processor” on Your behalf with respect to that data, subject to the terms of the Data Protection Agreement incorporated herein. EquiMine does not own the data from which it obtains the information provided in the PropStream App Service, however, EquiMine does have appropriate licenses to use said data for the purpose of the PropStream App Service.

Term and Termination. The term of this Agreement continues on a month-to-month basis until the subscription is cancelled by You or EquiMine. You may cancel the subscription for any reason or for no reason at any time by contacting Customer Support at (877) 204-9040. All fees due to EquiMine up to the end of the then-current monthly billing cycle at the time of termination shall remain payable to EquiMine.

EquiMine reserves the right to cancel Your subscription and Your access to the PropStream App Service at any time for any, or no reason whatsoever, without recourse to You beyond a pro-rata refund of the monthly subscription/license fee paid by You for the remaining days of the then-current month of prepaid fees.

Team Accounts
If you have a business and you wish to obtain subscriptions for You and Your employees, then you may obtain a Team Account. Team Accounts may only be used by the people (“Team Member(s)”) You list who are Your authorized employees, direct consultants, or contractors who have a bona-fide business relationship to You (as “Primary Account holder”) and Your business, and who will use the subscription PropStream App Service for legitimate purposes related to Your business (this use excludes family members, social acquaintances, friends). Each Team Member must agree to the Terms before being granted access to the PropStream App Service. A Team Member may not use the PropStream App Service to find, evaluate, contact investments or listing opportunities for their own personal uses or for any business other than that of the Primary Account holder. The solicitation or acceptance of money, or anything else of value, by the Primary Account holder in exchange for granting access to the PropStream App Service to someone who would not otherwise be considered a Team Member is strictly prohibited and will result in the immediate termination of the account and may subject Primary Account holder to additional damages as permitted by law.

Fees and Billing. EquiMine will bill Your subscription fee on a monthly basis and such fees may, in addition to the subscription fee outlined during the signup process, include any upgrades, enhancements, or additional fees charged by EquiMine of one of its third-party partners and to which You may have agreed during the use of the PropStream App Service.

The monthly subscription fee is calculated from the day of the month that Your paid Subscription commences. You authorize EquiMine to, and You agree that EquiMine may, charge to Your credit card, debit card or bank account, Your regular monthly subscription fee in advance for each month of Your regular monthly subscription on a recurring basis. You authorize EquiMine to, and You agree that EquiMine may, modify and/or change the monthly subscription fee charged to You upon thirty (30) days' notice to You sent by e-mail to Your email of record on file with EquiMine. The monthly subscription fee is non-refundable and accrues until canceled whether or not You access the databases.

You are required to pay all charges on time, and You agree to submit an accompanying payment authorization in connection with these charges when requested by EquiMine. Credit card transactions require an acceptable and currently working/continuously valid credit card number/account. EquiMine may terminate or disable Your participation in the PropStream App Service if You fail to pay fully and in a timely manner any and all amounts due to EquiMine. If Your credit card expires or is otherwise declined for payment, access to the PropStream App Service and websites can be modified or suspended without notice to You. EquiMine may, if necessary, extend the expiration of Your credit card in order to assure continued service. In the event Your primary payment method declines or is otherwise rejected or returned, You authorize EquiMine to charge and collect payment(s) from any credit card(s) or payment method(s) on file for Your account.

  1. Payment Methods
    Your complete billing address and telephone number must be provided to process payments. EquiMine accepts major credit cards including Visa, MasterCard, Discover, and American Express and may accept bank drafts, including personal checks, money orders, cashier's checks, and company checks sent by mail. EquiMine may charge a twenty-dollar ($20.00) handling fee, or the maximum allowable by law, whichever is less, for each check returned unpaid for insufficient funds or any other reason.
  2. Account Discrepancies
    You may contact EquiMine Customer Service by e-mail at support@propstream.com or telephone at 877-204-9040 concerning charges or other questions regarding the status of Your account. However, if Your account questions are not satisfactorily resolved within fifteen (15) business days of Your calling or sending an e-mail, and in no event later than ninety (90) days after a questionable account billing or other discrepancy should have been discovered, You must write to the Customer Service Department, EquiMine, 26457 Rancho Parkway South Lake Forest, CA 92630, delivered by United States mail or by fax to 866-203-5201. Otherwise, any and all of Your complaints are irrevocably waived.

Permissible Use and Restrictions
You may use the PropStream App Service provided through Your subscription only for the permissible use provided herein, which is for Your own internal business purposes; commercial re-sale of the PropStream App Service or the information You obtain through the PropStream App Service is strictly prohibited. You understand that, and You consent to, EquiMine monitoring Your (and any Team Member, if applicable) search volume to avoid abuse, data duplication, “data mining,” and excessive or otherwise non-customary search and usage patterns. Any such actions will be determined by EquiMine in its sole discretion and will result in an immediate termination of Your account.

You covenant to use the PropStream App Service, and any information gained therefrom, in accordance with applicable state and federal laws (including privacy, advertising, anti-discrimination, consumer protection, and data security laws), regulations, and this Agreement. EquiMine cannot provide You with legal advice as to which laws apply to Your specific situation; You are encouraged to seek Your own legal counsel.

With respect to EquiMine’s proprietary software platform and any software used to provide the PropStream App Service, You will not:

  • reverse compile, reverse engineer, disassemble, reformat, or otherwise attempt to read or make readable the object code or source of the PropStream App Service, technology platform, or any software, in whole or in part;
  • copy, modify, distribute, sell, lease, quote, reproduce, transmit, scrape, uploaded, publish, or incorporate into or use by any other programs, applications, bots, software or websites, or any form of artificial intelligence technologies such as large language models and generative AI;
  • modify the PropStream App Service or create any derivative work based on the PropStream App Service;
  • rent, lease, sell, sublicense, distribute, grant a security interest in, or otherwise transfer any rights in the PropStream App Service or the information provided by the PropStream App Service;
  • remove or alter any marks or proprietary notices or labels contained in the PropStream App Service;
  • deep link to the PropStream App Service or access the PropStream App Service manually or with any robot, spider, web crawler, extraction software, automated process, and/or device to scrape, copy or monitor any portion of the PropStream App Service or any content on the Service;
  • use the PropStream App Service in any way that could damage, disable, overburden, or impair any of our servers, or the networks connected to any of EquiMine’s servers; and,
  • attempt to gain unauthorized access to any part of the PropStream App Service and/or to any third-party service, account, resource, computer system, and/or network connected to any of EquiMine’s servers

With respect to the use of the PropStream App Service and any information gained therefrom, You will not:

  • Permit it to be used by any individual, agent, representative, consultant, officer, director, shareholder, parent organization, subsidiary organization, third party or any other person or entity unless You have the appropriate subscription allowing such expanded use;
  • Use it to determine legal ownership of a property (any property reports are not insured products and are not guarantees that a person or entity owns a specific property);
  • Use it for evaluating risk, underwriting loans, or insurance;
  • Use it for the sale of insurance products of any kind, including but not limited to life, health, long-term care, disability, casualty, umbrella, mortgage, title or property;
  • Use it in place of a property appraisal, broker price opinion, or other valuation product;
  • Use it for debt collection, employment purposes, eligibility to obtain a government service, or evaluation of credit;
  • Use or transfer it outside of the United States;
  • Upload pictures, data, audio or visual files, or any other content that is excessive in size, as determined by EquiMine in its sole discretion;
  • Provide or upload intentionally inaccurate, incomplete, fraudulent; deceptive materials, or materials that You do not own, license, or have the right to use;
  • Market or sell legal goods and/or services of any kind, including but not limited to bankruptcy or real estate title/lien history (unless You have the appropriate subscription allowing such expanded use);
  • Use it where a consumer has opted out of receiving marketing solicitations or phone calls; and,
  • Use it to harass, defame, embarrass, slander, or for obscene, lewd, fraudulent, deceptive, or illegal purposes.

Additionally, You will not:

  • Use the information contrary to the terms of this Agreement, applicable state and federal laws (including those governing consumer protection, individual privacy, data protection, marketing);
  • Gather, store, or save the information to build Your own database, modeling, or derivative products;
  • Extracting, selecting, or drawing out any data element for any individual use;
  • Re-sell the information to any other person, entity, company; and,
  • You understand that the information from the PropStream App Service is not considered a “consumer report” as defined in the Fair Credit Reporting Act, and You agree that You will not combine the information with any other information or consumer report such that the information becomes a “consumer report” under to the Fair Credit Reporting Act.

Representations and Warranties (for all Services)
EquiMine either owns or has the rights and applicable licenses to the property record information, as well as the software and technology which comprises its technology platform through which it provides the PropStream App Service. EquiMine warrants that it will provide the PropStream App Service in all material respects in accordance with any documentation related to the PropStream App Service, as well as terms of this Agreement. Except as noted herein, the PropStream App Service and any information provided thereby are PROVIDED AS IS, WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY, AND WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. EQUIMINE USES REASONABLE EFFORTS TO ENSURE THE ACCURACY OF THE INFORMATION, BUT THE INFORMATION IS NOT GUARANTEED TO BE 100% ACCURATE.

You represent and warrant that all of the information You provide to EquiMine, whether online or otherwise, is accurate and complete. You also agree to update EquiMine with current and accurate information, if at any time the information You provided to EquiMine changes. EquiMine reserves its right to terminate or suspend Your access to the PropStream App Service if EquiMine believes, at EquiMine's sole discretion, any information which You have provided to be inaccurate or misleading.

Privacy and Security
The Data Protection Agreement, which forms part of the Agreement and is incorporated herein, sets out the terms that apply when EquiMine processes Personal Information as a Service Provider under the Agreement. The purpose of the Data Protection Agreement is to ensure processing is conducted in accordance with applicable laws, and to outline each Party’s rights and obligations with respect to Personal Information.

We have adopted a Privacy Policy outlining how we use, store, retain and delete the Personal Information of our Customers and website visitors. Please refer to it for details about how we collect and use Your personal information. By agreeing to the terms of this Agreement, You are automatically agreeing to our Privacy Policy, which is incorporated herein by reference.

Compliance With Laws
By using the PropStream App Service (either through the paid subscription or free trial), You represent and warrant that You will comply with all laws regarding the use of any data provided in the PropStream App Service, including, but not limited to, the licensed property record data or any data which You may purchase from third parties through the use of the PropStream App Service and stored in Your workspace, including:

  1. Providing adequate notice and disclose of the collection and use of personal information;
  2. Abiding by all applicable telephone marketing, SMS or text messaging marketing, email marketing, privacy, and data privacy laws when communicating with or using personal information, such as the Telephone Consumer Protection Act (“TCPA”); the Telemarketing Sales Rule (“TSR”), including the Do-Not-Call (“DNC”) registry prohibitions; the Electronic Communications Privacy Act (“ECPA”), including the Wiretap Act; federal and state Unfair and Deceptive Acts and Practices (“UDAP”) acts; and federal and state consumer protection laws and regulations.
  3. Protecting Your user credentials and notify us of any unauthorized use of Your user credentials; and
  4. Complying with this Agreement, including the Data Protection Agreement and all applicable laws regarding the use of the PropStream App Service or information obtained through the use of the PropStream App Service.

Further, You understand and agree that EquiMine does not sell or share, as those terms are defined by applicable law, personal information of consumers. All personal information obtained through the use of third-party services is sold to You by a third-party data broker, and EquiMine, acting as Your Service Provider, does not process personal information obtained and stored by You in Your workspace for any other purpose other than in providing the PropStream App Service and as outlined in the Data Protection Agreement. You understand and agree that any personal information You purchase from third parties through the use of the PropStream App Service, including but not limited to information obtained from third-party services, is sourced from a third party on Your behalf and is not “sold” or “shared” by EquiMine.

THIRD-PARTY SERVICES PROVIDED THROUGH EQUIMINE
As a courtesy to its subscribers, EquiMine has partnered with several companies which provide services such as skip tracing, text messaging, ringless voice mails, e-mails, and direct mail services. In order to use these third-party services, EquiMine is providing You with a right to access EquiMine’s technology, which is connected to these third parties, in order for You to send information You have obtained to these third parties (for use with their services).

With respect to the third-party services themselves, You understand that EQUIMINE DOES NOT ITSELF PROVIDE THESE SERVICES, RATHER, THEY ARE PROVIDED BY THE THIRD PARTY. The third-party services are performed outside of EquiMine’s technology platform; any data that You obtained by using these third-party services is outside of the EquiMine technology platform. EquiMine does not operate or control, in any respect, any information, software, products or services provided by these third parties. Consequently, EquiMine is not responsible for and makes no warranty or representation as to the quality or performance of the services offered by or through these third-party service providers. Such services are offered on an "AS-IS" basis. EquiMine cannot and does not guarantee the outcome of the use of any such third-party services. EquiMine does not have editorial control over the statements, or other content provided, expressed, or implied by third parties. 

Once You are registered with one of our supported vendors, You agree to abide by such vendor’s terms of service and policies, including its acceptable-use policies, as the same are made available by the supported vendor. EquiMine undertakes no obligation with respect to any information contained on any such vendor website.

THESE THIRD-PARTY SERVICES ARE SUBJECT TO STATE AND FEDERAL LAWS AND REGULATIONS. YOU MUST COMPLY WITH ALL LAWS APPLICABLE TO
THESE THIRD-PARTY SERVICES, INCLUDING (BUT NOT LIMITED TO) “DO NOT CALL,” ADVERTISING, PRIVACY, ROBOCALL, AND CONSUMER PROTECTION LAWS.

The skip tracing service is provided by third parties and is performed outside of EquiMine’s platform. You are solely responsible for complying with data privacy laws applicable to You when purchasing, using, or processing all information obtained by the skip tracing services. Notwithstanding the foregoing, by processing personal information within Your workspace, You understand and agree to the Data Protection Agreement which is incorporated into this agreement. You should consult Your own legal counsel as to how to comply with privacy laws applicable to You with regard to all personal information processed in Your workspace.

DISCLAIMERS AND LIMITATIONS
TO THE EXTENT ALLOWED EQUIMINE AND/OR ITS SUPPLIERS AND PROVIDERS, ARE NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF EQUIMINE'S SERVICE OR WITH THE DELAY OR INABILITY TO USE ITS WEBSITES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS AND/OR SERVICES OBTAINED THROUGH THE WEBSITES, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITES, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. EQUIMINE ITSELF WILL NOT BE LIABLE FOR MORE THAN $100 (AGGREGATE) FOR ALL CLAIMS ARISING FROM THE USE OF THE PROPSTREAM APP SERVICE RELATING TO EQUIMINE’S ALLEGED NEGLIGENCE.

INDEMNITY
You agree to hold EquiMine harmless from, and defend and indemnify EquiMine, Inc. and its employees, agents and/or data suppliers from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from Your use of EquiMine's Service, whether arising from negligence, willful misconduct, breach of this Agreement, violation of applicable law, or any other legal or equitable theory.

Consequences of Non-Compliance with Terms of Use
At any time that EquiMine believes, in its sole discretion, that You has violated any term, condition, restriction, permitted use or limitation provided in these Terms of Use, EquiMine may immediately terminate Your license and EquiMine may at its sole discretion provide You with a pro-rata refund (minus time and data accessed during the term of the subscription). A pro-rata refund is at the sole discretion of EquiMine and will vary depending on severity of non-compliance.

Choice of Law:
These Terms of Use shall be deemed to have been agreed to in the State of California. In any litigation arising out of these Terms of Use, the prevailing party shall be entitled to reasonable attorneys' fees and costs.

Jurisdiction:
All actions brought hereunder, whether at law or in equity, shall be brought in the state or federal courts located in and serving the State of California. You consent to jurisdiction in the state of California and expressly waives any jurisdiction privileges which may be asserted in connection with these Terms of Use. or any claim that California is an inconvenient forum.

Survival of Terms
The License Restrictions and Proprietary Rights described herein survive any termination of this agreement and/or Your subscription.

MISCELLANEOUS TERMS

  1. A party's failure to enforce strict performance of any provision of these Terms of Use will not constitute a waiver of its right to subsequently enforce such provision or any other provision of these Terms of Use.
  2. Reservation of Rights. EquiMine, Inc, Inc. reserves all rights not expressly granted to You in this license agreement.
  3. This agreement shall be deemed as jointly drafted and not construed in favor of or against any party.
  4. Severability. Except as otherwise provided herein, if any provision of this Agreement is found to be invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
  5. Electronic Communications. For contractual purposes, You (1) consent to receive communications from us in an electronic form; and (2) agree that all Terms of Use, agreements, notices, disclosures, and other communications that we provide to You electronically satisfy any legal requirement that such communications would satisfy if they were in writing. This subparagraph does not affect Your statutory rights.

CONSENT
I have carefully read and considered all provisions of these Terms of Use and agree that all of the terms set forth are fair and reasonable. I acknowledge that I unconditionally consent to all of the terms of this agreement.

BY ACCESSING THE WEBSITE OR PROPSTREAM APP SERVICE, YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THE AGREEMENT CONSTITUED BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS OF USE, DO NOT ACCESS THE WEBSITE OR SERVICE.