Legal
Terms of
Service.
Last updated: June 8, 2026
Welcome to HomeTrace. These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and BLACK SUN HOLDING LLC, a Wyoming limited liability company doing business as HomeTrace (“HomeTrace,” “Company,” “we,” “us,” or “our”), governing your access to and use of the HomeTrace website, platform, reports, and all related services (collectively, the “Service”).
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.
1. Eligibility
You must be at least 18 years of age and have the legal capacity to enter into a binding contract in your jurisdiction. By using the Service, you represent and warrant that you meet these requirements. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
2. Description of Service
HomeTrace provides property history reports (“Reports”) compiled from publicly available data sources, including but not limited to county recorder offices, FEMA flood maps, EPA environmental databases, tax assessors, building departments, and court records. Reports may include ownership and title history, permit and renovation records, lien and encumbrance data, environmental and hazard assessments, property characteristics, zoning and code violation history, and tax assessment records.
Reports are delivered digitally as downloadable PDFs and via secure shareable links. Most Reports are generated within five (5) minutes of purchase. In rare cases requiring additional record verification, delivery may take up to twenty-four (24) hours.
3. FCRA Disclaimer & Permitted Use
Important:HomeTrace is NOT a consumer reporting agency as defined by the Fair Credit Reporting Act (15 U.S.C. § 1681 et seq.) (“FCRA”). The Reports provided are NOT consumer reports. You expressly agree that you will NOT use any Report, in whole or in part, for any purpose regulated by the FCRA, including but not limited to:
- Tenant screening or rental decisions
- Employment screening or hiring decisions
- Insurance underwriting or eligibility determinations
- Credit evaluation or lending decisions
- Any other purpose that would require compliance with the FCRA
Reports are intended solely for personal, non-commercial use in connection with a prospective real estate purchase or for informational purposes by licensed real estate professionals. Any use of a Report in violation of this section may result in immediate termination of your account and legal action.
4. Account Registration
Certain features of the Service may require you to create an account. You agree to provide accurate, current, and complete information during registration and to keep this information updated. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. You must immediately notify us at support@hometrace.com if you suspect unauthorized access.
We reserve the right to suspend or terminate any account that we reasonably believe has been compromised, is being used fraudulently, or violates these Terms.
5. Pricing, Payment & Billing
5.1 Pricing
Current pricing is displayed on our Pricing page. All prices are in United States Dollars (USD) and are exclusive of applicable taxes, which will be calculated at checkout as required by law. We reserve the right to change pricing at any time; however, price changes will not affect orders already completed or active subscription periods already paid for.
5.2 Payment Processing
All payments are processed securely by our third-party payment processor, Stripe, Inc. (“Stripe”). By submitting payment, you agree to Stripe's Terms of Service. We do not store your full credit card number, CVV, or other sensitive payment details on our servers. We accept Visa, Mastercard, American Express, Apple Pay, and Google Pay.
5.3 One-Time Purchases (Single Reports & Bundles)
Single Reports and Report Bundles are one-time purchases. Upon successful payment, Report credits are added to your account immediately. Bundle credits never expire.
5.4 Subscription Plans (Memberships)
Membership plans are billed on a recurring monthly basis. Your subscription will automatically renew on the same date each month unless cancelled before the renewal date. Unused report credits from a membership period do not roll over to the following month unless explicitly stated in the plan description.
You may cancel your subscription at any time through your account dashboard. Cancellation takes effect at the end of the current billing period — you will retain access to your remaining credits until that date. No partial-month refunds are issued for cancellations mid-cycle unless otherwise required by applicable law.
5.5 Failed Payments
If a recurring payment fails, we will attempt to process the charge up to three (3) additional times over a seven (7) day period. If all attempts fail, your subscription will be paused and access to membership features will be suspended until payment is successfully processed. We will notify you by email before and after any suspension.
6. Refund Policy
We offer a 30-day money-back guarantee on all purchases. For complete details, please see our Refund Policy. In summary:
- Single Reports and Bundles: Full refund within 30 days of purchase.
- Memberships: Full refund of the most recent billing cycle within 30 days of charge.
- Refund requests can be submitted to support@hometrace.com or by calling (619) 984-3533.
- Refunds are processed back to the original payment method within 5–10 business days.
7. Intellectual Property
7.1 Our Intellectual Property
The Service and all content therein — including but not limited to the website design, logos, trademarks, text, graphics, user interface, software, algorithms, and report formatting — are owned by or licensed to BLACK SUN HOLDING LLC and are protected by U.S. and international intellectual property laws. You may not copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise exploit any portion of the Service without our prior written consent.
7.2 Report License
Upon purchase, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Report for your personal or internal business purposes only. You may share a Report with your real estate agent, lender, attorney, or other professional advisor involved in a specific property transaction. You may not resell, redistribute, or publish Reports for commercial purposes without a written license from HomeTrace.
8. Data Accuracy & Disclaimers
8.1 Public Record Data
Reports are compiled from publicly available government records and third-party data sources. While we take commercially reasonable steps to ensure accuracy — including automated cross-referencing and manual quality checks — we do not warrant that any Report is complete, current, or error-free. Public record databases may contain delays, omissions, or inaccuracies at the source level that are beyond our control.
8.2 No Professional Advice
Reports are provided for informational purposes only and do not constitute legal, financial, real estate, or environmental advice. You should consult qualified professionals (attorneys, licensed inspectors, real estate agents, etc.) before making purchasing or investment decisions based on Report content.
8.3 Accuracy Guarantee
If you discover a factual inaccuracy in a Report attributable to our processing (not a source-level error), notify us within 30 days of purchase and our research team will investigate and issue a corrected Report within 48 hours at no additional charge. If we cannot resolve the inaccuracy, you are entitled to a full refund for that Report.
9. Acceptable Use
You agree not to:
- Use the Service for any purpose that violates applicable federal, state, or local law or regulation
- Use the Service for any FCRA-regulated purpose as described in Section 3
- Attempt to reverse-engineer, decompile, or disassemble any portion of the Service
- Use automated bots, scrapers, or crawlers to access the Service without our written consent
- Transmit viruses, malware, or other harmful code through the Service
- Impersonate another person or entity or misrepresent your affiliation
- Resell, sublicense, or commercially redistribute Reports without authorization
- Interfere with or disrupt the integrity or performance of the Service
- Use the Service to stalk, harass, or invade the privacy of any individual
We reserve the right to investigate suspected violations and may suspend or terminate your access without notice.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HOMETRACE, BLACK SUN HOLDING LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES — RESULTING FROM:
- Your use of or inability to use the Service
- Any inaccuracy, incompleteness, or delay in any Report
- Unauthorized access to or alteration of your data
- Any conduct or content of any third party on the Service
- Any real estate transaction decision made in reliance on a Report
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO HOMETRACE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
11. Disclaimer of Warranties
THE SERVICE AND ALL REPORTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.
12. Indemnification
You agree to indemnify, defend, and hold harmless HomeTrace, BLACK SUN HOLDING LLC, and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
- Your use of the Service or any Report
- Your violation of these Terms
- Your violation of any applicable law or regulation
- Your use of a Report for any FCRA-regulated purpose
- Any real estate transaction or investment decision based on a Report
- Any infringement of third-party rights by you
13. Dispute Resolution & Arbitration
13.1 Informal Resolution
Before initiating any formal proceeding, you agree to first contact us at support@hometrace.com to attempt to resolve the dispute informally. We will endeavor to resolve the matter within thirty (30) days.
13.2 Binding Arbitration
If informal resolution fails, any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. Arbitration shall take place in the State of Wyoming (or remotely, at the arbitrator's discretion). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
13.3 Class Action Waiver
YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If for any reason a claim proceeds in court rather than in arbitration, you and HomeTrace each waive the right to a jury trial.
13.4 Exceptions
Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of intellectual property rights. Claims within the jurisdiction of small claims court may be brought there.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. To the extent that litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Wyoming.
15. Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Any provisions of these Terms that by their nature should survive termination shall survive — including ownership, warranty disclaimers, indemnity, and limitations of liability.
You may terminate your account at any time by contacting us at support@hometrace.com. If you have an active subscription, cancellation will take effect at the end of the current billing period.
16. Modifications to Terms
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email and/or by posting a notice on the Service at least thirty (30) days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the updated Terms, you must stop using the Service and may request a prorated refund for any prepaid but unused services.
17. Third-Party Services
The Service may contain links to or integrations with third-party services (e.g., Stripe for payments, government record databases). We do not control and are not responsible for the content, privacy policies, or practices of any third-party services. Your use of such services is at your own risk and subject to their respective terms.
18. Electronic Communications
By using the Service, you consent to receive electronic communications from us, including emails regarding your account, transactions, service updates, and marketing (from which you may opt out at any time). You agree that all notices, agreements, disclosures, and other communications we provide electronically satisfy any legal requirement that such communication be in writing.
19. Severability
If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.
20. Entire Agreement
These Terms, together with the Privacy Policy and Refund Policy, constitute the entire agreement between you and HomeTrace regarding the Service and supersede all prior agreements, representations, and understandings.
21. Assignment
You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of assets.
22. Force Majeure
HomeTrace shall not be liable for any failure or delay in performing its obligations where such failure or delay results from events beyond our reasonable control, including but not limited to natural disasters, government actions, internet outages, third-party service failures, or pandemic-related disruptions.
23. Contact Information
If you have any questions about these Terms, please contact us:
- Email: support@hometrace.com
- Phone: (619) 984-3533
- Entity: BLACK SUN HOLDING LLC