Terms of Service & End-User License Agreement

PTA Desk is a workflow management software platform designed to assist Louisiana-licensed Public Title Agencies ("PTAs") in organizing, documenting, and tracking vehicle title, registration, driver's license, and related transactions. The Service provides guided workflows, document checklists, fee calculators, and transaction recordkeeping tools.

The Service is a workflow and recordkeeping tool only. It does not constitute legal advice, tax advice, regulatory compliance advice, or a guarantee of compliance with any applicable law, rule, or regulation. Lagniappe IT, LLC ("Provider," "we," "us," or "our") is a software company, not a licensed title agency, attorney, or government entity.

By using this Service, you represent and warrant that:

1. Your agency holds a valid, current Louisiana Public Title Agency license issued by the Louisiana Office of Motor Vehicles ("OMV") pursuant to R.S. 47:532.1 or any successor statute.
2. All personnel using the Service are appropriately trained, licensed (where required by law), and authorized to perform the transaction types they process through the Service.
3. You will maintain all required licenses, bonds, and insurance throughout your use of the Service.
4. You are at least 18 years of age and have the legal authority to bind your organization to this Agreement.

Provider does not verify licensure status. It is your sole responsibility to ensure that your agency and all operators remain properly licensed and in good standing with the OMV and any other applicable regulatory body.

You acknowledge and agree that:

1. You are solely responsible for the accuracy, completeness, and legality of all information entered into the Service, including but not limited to customer data, vehicle information, odometer readings, sale prices, and VR transaction codes.
2. You are solely responsible for reviewing all generated documents before submitting them to the OMV or providing them to customers.
3. You are solely responsible for independently verifying all fee calculations, tax calculations, and deadlines. The Service's fee and tax calculations are provided as estimates based on programmed rules and are not a substitute for your own verification.
4. You are solely responsible for timely submission of all transactions to the OMV, including compliance with the 40-day filing deadline (or 20-day dealer deadline) under Louisiana law.
5. You understand that OMV rules, fee schedules, and regulatory requirements change over time. Provider does not guarantee that the Service reflects the most current regulatory requirements at all times.
6. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• Any warranty of merchantability, fitness for a particular purpose, or non-infringement;
• Any warranty that the Service will be uninterrupted, error-free, or free of viruses or other harmful components;
• Any warranty that the Service's workflow guidance, fee calculations, tax rates, or document templates are accurate, current, or legally compliant;
• Any warranty that use of the Service will result in compliance with OMV requirements or any other applicable law.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PROVIDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY:

• Direct, indirect, incidental, special, consequential, or punitive damages;
• Loss of revenue, profits, data, goodwill, or business opportunities;
• Regulatory fines, penalties, or sanctions imposed by the OMV, DPSMV, or any other government authority;
• Customer claims, chargebacks, or disputes arising from transactions processed using the Service;
• Errors in title transfers, registrations, or any other transaction type, regardless of cause;
• Downtime, data loss, or interruption of access to the Service.

ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN ALL CASES, PROVIDER'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO PROVIDER IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE CLAIM.

You agree to defend, indemnify, and hold harmless Provider, its officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

1. Your use of the Service;
2. Any transaction processed by you or your staff using the Service;
3. Your violation of this Agreement;
4. Your violation of any applicable law, rule, or regulation, including OMV requirements;
5. Any claim by a third party (including customers, the OMV, or other government entities) arising from a transaction you processed;
6. Your failure to maintain required licensure, training, or insurance;
7. Any negligent or wrongful act or omission by you or your employees in connection with the Service.

You agree that you will not:

1. Use the Service for any unlawful purpose, including fraudulent title transfers, odometer fraud, or any activity in violation of Louisiana or federal law;
2. Attempt to reverse-engineer, decompile, or derive the source code of the Service;
3. Resell, sublicense, or transfer access to the Service to any third party without written consent from Provider;
4. Make any false, misleading, or defamatory statements about Provider, its officers, employees, or the Service in any public forum, social media, review platform, regulatory complaint, or otherwise;
5. Disparage, defame, or make negative public statements about Provider arising from your dissatisfaction with the Service without first providing Provider a good-faith opportunity to resolve the issue through the dispute process in Section 10.

You acknowledge that Provider's reputation is critical to its business and that any false or defamatory statements could cause irreparable harm. Provider reserves the right to seek injunctive relief and damages for violations of this section.

The Service, including all software, workflows, templates, user interfaces, and documentation, is the exclusive property of Lagniappe IT, LLC and is protected by applicable copyright, trade secret, and other intellectual property laws. This Agreement grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your agency's internal business operations during the term of your subscription.

1. Subscription Fees. Subscription fees are charged per operator seat per billing period as specified at the time of purchase. All fees are non-refundable except as required by applicable law.
2. Automatic Renewal. Subscriptions renew automatically at the end of each billing period unless cancelled.
3. Termination by You. You may cancel your subscription at any time through the billing portal. Access continues until the end of the current paid period.
4. Termination by Provider. Provider may suspend or terminate your account immediately, without notice, for breach of this Agreement, non-payment, fraudulent activity, or as required by law.
5. Effect of Termination. Upon termination, your right to access the Service ceases. Provider has no obligation to retain your data beyond 30 days following termination.

Before initiating any legal proceeding or making any public statement about a dispute with Provider, you agree to notify Provider in writing at [email protected] and provide a 30-day opportunity to resolve the dispute in good faith.

Any dispute that cannot be resolved informally shall be submitted to binding arbitration in St. Tammany Parish, Louisiana, under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction for intellectual property or confidentiality claims. Class action arbitration is expressly waived.

This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana, without regard to its conflict of law provisions. Subject to the arbitration clause above, any legal action arising under this Agreement shall be brought exclusively in the state or federal courts located in St. Tammany Parish, Louisiana, and you consent to personal jurisdiction in such courts.

Provider reserves the right to modify this Agreement at any time. Material changes will be communicated by email to the address on file at least 14 days before taking effect. Continued use of the Service after the effective date constitutes acceptance of the revised terms.

This Agreement constitutes the entire agreement between you and Provider with respect to the Service and supersedes all prior agreements, representations, and understandings. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full force and effect.

What we collect. The Service stores personally identifiable information ("PII") about your customers that you enter or scan during transaction processing, including: names, addresses, phone numbers, email addresses, and driver's license numbers. This information is necessary to complete vehicle title, registration, and related transactions on behalf of your customers.

Driver's license barcode scanning. The Service supports optional scanning of the PDF417 barcode on the back of customer-presented driver's licenses to pre-fill transaction forms. This scan is performed solely at the point of service when a customer voluntarily presents their physical license for a transaction. The scanned data is used to populate customer records and is not shared with any third party for marketing, profiling, or any purpose unrelated to processing the transaction at hand.

Your obligations as the data controller. You, as the Subscriber, are the data controller for all customer PII entered into the Service. You are solely responsible for:

1. Obtaining any consent or authorization required under applicable law before collecting or retaining customer PII;
2. Ensuring your use of customer data complies with all applicable federal and state privacy laws, including but not limited to the Driver's Privacy Protection Act (18 U.S.C. § 2721 et seq.) and the Louisiana Database Security Breach Notification Law (R.S. 51:3071 et seq.);
3. Notifying your customers of your data collection practices to the extent required by applicable law;
4. Ensuring that scanned driver's license data is used only for purposes permitted by applicable law.

Security measures. Provider implements commercially reasonable technical safeguards for data stored through the Service, including encryption of driver's license numbers at rest using authenticated symmetric encryption, HTTPS/TLS for all data in transit, and role-based access controls limiting data access to authorized personnel of your organization only. Provider does not guarantee that security measures will prevent all unauthorized access.

Data retention. Customer PII is retained for the duration of your active subscription plus 30 days following termination, after which Provider will delete or render unrecoverable all customer data associated with your account. You may request earlier deletion by contacting Provider at [email protected].

Security breach notification. In the event of a security breach involving your customers' PII, Provider will notify you in accordance with R.S. 51:3074 within the timeframe required by applicable law. You remain solely responsible for notifying your customers and the Louisiana Attorney General as required by R.S. 51:3074.

No sale or sharing of PII. Provider will not sell, rent, or share your customers' PII with any third party except as necessary to operate the Service (e.g., cloud infrastructure providers under confidentiality agreements) or as required by law.