1. Acceptance of these terms
By creating a ClosingDay account or using the service, you agree to these Terms of Service ("Terms") and our Privacy Policy. If you do not agree, do not use the service. If you accept these Terms on behalf of a brokerage or other organization, you represent that you have the authority to bind that organization to these Terms.
2. Who can use ClosingDay
You must be at least 18 years old.
You must provide accurate account information (name, email, license number / brokerage where applicable) and keep it current.
You are responsible for safeguarding your password and for any activity under your account. Notify us immediately at security@getclosingday.ai if you suspect unauthorized access.
One person, one account. Sharing logins across teammates is not permitted — invite each teammate as their own user (agent or TC) instead.
3. The service
ClosingDay provides software for real-estate agents and transaction coordinators across the full deal lifecycle: pre-listing prep, private showings + buyer-agent feedback, open houses with QR-code visitor sign-in, offer management (including a public offer-submission portal, AI-extracted offer terms, side-by-side comparison, and convert-to-transaction), a read-only seller portal, the executed-contract transaction record, AI-generated email drafts, document tracking, and team coordination between agents and TCs. Features and supported jurisdictions evolve over time. We may add, change, or remove features without notice; the core promise — that you can run a listing or transaction end-to-end once you have either started one — will not be reduced without prior notice.
4. Free tier, subscription, and billing
ClosingDay offers a free tier and a paid subscription. The free tier permits each account two independent lifetime quotas: one (1) free listing AND one (1) free transaction. The two quotas are independent, so a listing that converts into a transaction in the normal flow remains free end-to-end. Listings and transactions you create count against their respective quota even if you later delete them. Once a quota is exhausted, creating additional items of that kind requires an active paid subscription.
Pricing is published at /pricing. The paid plan costs $49 per account per month. An agent's subscription covers their own workspace plus a $49 seat for every transaction coordinator (TC) they invite, billed as one consolidated invoice to the agent. TCs invited by an agent never receive a separate bill from us.
Sign-up does not require a payment method. You are prompted to enter payment information at the point you attempt to exceed the free-tier quota or otherwise initiate a subscription.
Subscriptions auto-renew monthly until canceled. You can cancel anytime from Settings → Billing → Manage subscription (Stripe Billing Portal). On cancellation, paid access continues until the end of the current paid period, after which the account returns to the free tier with any previously consumed free quotas still consumed; creating further listings or transactions beyond those quotas requires resubscription.
Stripe processes all payments. We do not store your card details. Failed payments enter Stripe's standard retry window (`past_due`); after the retry window expires without a successful charge, your account moves to `canceled` and reverts to free-tier terms as described above.
Beta-customer "complimentary" access (admin-set `comp` status) bypasses billing and the free-tier quota while it is in effect. We may revoke complimentary access at our discretion at any time; you would then transition to a normal free or paid status.
Refunds are not offered for partial months, but we will refund the most recent charge if you cancel within 7 days of being billed and contact billing@getclosingday.ai.
5. Your content
You retain ownership of every file, contract, photo, contact, email body, message, and document you upload or create in ClosingDay ("Your Content").
You grant us a limited, non-exclusive license to host, transmit, and process Your Content solely to operate the service for you — for example, to generate task lists from a contract you upload, draft emails based on transaction data, or display your dashboard.
We do not claim ownership of Your Content, do not sell it, and do not use it to train any AI model — ours or any third-party provider's. See the Privacy Policy for the full picture.
You are responsible for ensuring you have the right to upload anything you upload. Do not upload material that infringes someone else's rights or violates the law.
6. AI-generated content
ClosingDay uses Anthropic's Claude to extract data from contracts, draft follow-up emails, analyze your tone, and power Scout, our in-app AI assistant. AI output is generated probabilistically and may be inaccurate, incomplete, or out of date.
You are the human in the loop. Every AI-drafted email is held in a Pending Review state until you click Approve. Every extracted date, party, and deadline is editable. Tasks Scout marks complete first ask for your confirmation.
You are responsible for reviewing AI output before it is sent or relied on. ClosingDay does not provide legal, tax, or fiduciary advice; AI-generated drafts are not legal counsel.
AI does not replace your professional judgment. Brokerage, MLS, state-licensing, and contract obligations remain yours.
7. Email and messaging
When you connect Gmail, ClosingDay requests the `gmail.send` scope only — sufficient to send messages on your behalf, insufficient to read your inbox or existing threads. SMTP integration encrypts your credentials at rest with a per-deployment key.
Drafts approved by you are sent from your own connected mailbox, not from any ClosingDay address. Your sender reputation, deliverability, and client relationships remain yours.
You are responsible for the content of every email sent via ClosingDay. Do not use the service to send spam, phishing, harassing messages, or anything illegal. We may suspend accounts that we reasonably believe violate this restriction.
Replies sent back to your own inbox are not pulled into ClosingDay.
8. SMS / text-message communications
When you verify a U.S. mobile phone number inside ClosingDay (Settings → Notifications) and enable SMS notifications, you expressly consent to receive automated text messages from ClosingDay sent through our SMS delivery provider (Twilio). Consent is a separate, affirmative action — verifying your number and enabling notifications are two distinct steps.
You may receive: (a) one-time verification codes during account signup, sign-in, or sensitive-action confirmation; (b) transactional notifications about activity on your own deals — new offers received on your listings, new showing requests, buyer-agent feedback submissions, open-house visitor sign-ins, task deadline reminders, and overdue task alerts.
Message frequency: variable, typically 0–10 messages per day depending on the activity in your active listings and transactions. Message and data rates may apply per your mobile carrier plan; ClosingDay does not charge for SMS. Consent to receive SMS is not a condition of purchase or of using any other part of the service.
Opt-out: reply STOP at any time to any ClosingDay SMS to immediately stop further sends to that number. You may also revoke consent at any time by disabling SMS notifications in Settings → Notifications. Opting out does not cancel your ClosingDay account.
Help: reply HELP to any ClosingDay SMS for our support contact (support@getclosingday.ai). For privacy details about how your mobile number is handled, see section 10 of our Privacy Policy at getclosingday.ai/privacy.
Carrier disclaimer: wireless carriers are not liable for delayed or undelivered messages. ClosingDay is not responsible for SMS that fails to deliver due to carrier issues, blocked numbers, ported numbers, full mailboxes, or any other condition outside our SMS provider's control.
9. Acceptable use
Your use of ClosingDay is governed by our Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference. The AUP details prohibited activities — including illegal use, abuse of our email and AI features, security violations, infringement, and anything that interferes with the service or other users. Read it at /acceptable-use.
In summary, and without limiting the AUP: you agree not to (a) reverse-engineer, scrape, or attempt to derive the source code of the service; (b) use the service to violate the law, defraud, or harass anyone; (c) bypass rate limits or our authentication systems; (d) upload viruses or malicious code; (e) interfere with the operation of the service; (f) impersonate another person or entity; (g) use the email-sending features to send spam, phishing, or other unsolicited bulk communications; (h) use the AI features to generate content you intend to pass off as your own legal, tax, or fiduciary advice without review.
We may suspend or terminate access for any AUP violation, with or without notice, depending on severity.
10. Team coordination & shared access
Agent ↔ TC links are explicit and opt-in on both sides. An agent invites a TC; the TC accepts to gain access to that agent's transactions. Either party can unlink at any time, immediately revoking the other's access.
When a TC is linked, they can read and act on the agent's transactions and tasks as if they were the agent. Any action they take is recorded in the agent's audit log under the TC's identity.
Confidential information shared between agent and TC is the responsibility of both parties. ClosingDay provides the workspace; you decide whom to invite.
11. Termination
You can terminate at any time by deleting your account (Settings → Account → Delete account) or canceling your subscription (Settings → Billing). We may terminate or suspend your account if you materially breach these Terms or the Acceptable Use Policy, if required by law, or if continued operation poses legal or security risks. Sections that by their nature survive termination — including Your Content, indemnity, disclaimers, limitation of liability, the arbitration agreement and class-action waiver, and the governing-law clause — remain in effect after termination.
12. Disclaimers
The service is provided "as is" and "as available" without warranties of any kind, express or implied — including, to the maximum extent permitted by law, warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that AI output will be accurate, complete, or fit for any specific purpose. You use ClosingDay at your own discretion and risk.
13. Limitation of liability
To the maximum extent permitted by law, ClosingDay and its officers, employees, contractors, and affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the service. Our total cumulative liability for any claim arising out of or related to the service will not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim or (b) USD 100. These limits apply regardless of the legal theory and even if we have been advised of the possibility of such damages.
14. Indemnity
You agree to defend, indemnify, and hold harmless ClosingDay from any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of (a) your use or misuse of the service, (b) Your Content, (c) your violation of these Terms, or (d) your violation of any third party's rights or applicable law.
15. Changes to these Terms
We may update these Terms from time to time. When changes are material, we will update the "Last updated" date and notify active users by email. Continued use of the service after a change indicates acceptance of the revised Terms. If you do not accept a change, stop using the service and delete your account.
16. Informal dispute resolution
Before either party files a formal claim, they will first send a written notice describing the dispute, the relief sought, and the basis for the claim, and will then negotiate in good faith for at least thirty (30) days. Notices to ClosingDay should be sent to legal@getclosingday.ai; notices to you will go to the email address on file for your account. The parties' representatives must personally meet (telephonically or by video) at least once during the 30-day period. The 30-day informal-resolution period is a condition precedent to filing arbitration or, where applicable, a lawsuit.
17. Binding arbitration and class-action waiver
PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND CLOSINGDAY TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR JURY TRIAL. YOU MAY OPT OUT WITHIN 30 DAYS OF FIRST ACCEPTING THESE TERMS — SEE THE OPT-OUT INSTRUCTIONS BELOW.
Agreement to arbitrate — except for the carve-outs in this section, you and ClosingDay agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Privacy Policy, the Acceptable Use Policy, or the service ("Dispute") will be resolved exclusively by final and binding individual arbitration. This Agreement is governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.).
Rules and forum — the arbitration will be administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect (or, if the amount in controversy exceeds JAMS' Streamlined-Rules threshold, the JAMS Comprehensive Arbitration Rules and Procedures). The current JAMS rules are available at https://www.jamsadr.com/rules. The arbitration will be conducted by a single neutral arbitrator. Hearings will be held in San Francisco County, California, or, at your election, by video conference. The arbitrator may award any individual relief that a court could award, including injunctive relief on an individual basis.
Fees — ClosingDay will pay the JAMS filing, administrative, and arbitrator fees that exceed two hundred U.S. dollars (USD 200) for any individual claim. Each party otherwise bears its own attorneys' fees and costs, except where the arbitrator awards them under applicable law.
Class-action waiver — you and ClosingDay agree that each may bring claims against the other only in your or its individual capacity, not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate claims or preside over any form of class or representative proceeding. If a court finds the class-action waiver unenforceable for any specific claim, only that claim will be severed and proceed in court; all other claims remain in arbitration.
Carve-outs — nothing in this section prevents either party from (a) filing an individual action in small-claims court for any claim within that court's jurisdiction, or (b) seeking injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual-property rights.
30-day opt-out — you may opt out of this arbitration agreement and class-action waiver by sending an email to legal@getclosingday.ai within 30 days of first accepting these Terms (i.e., within 30 days of creating your ClosingDay account). The email must include your full name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. If you opt out, neither this section nor the class-action waiver will apply to you, and disputes will be resolved under section 18 instead. Opting out has no effect on any other provision of these Terms or on any prior agreement to arbitrate that you may have with ClosingDay.
Survival — this section survives termination of these Terms or your account.
18. Governing law and venue (for matters not subject to arbitration)
These Terms are governed by the laws of the State of California, without regard to conflicts-of-laws principles. For any Dispute that is not subject to the arbitration agreement in section 17 — for example, claims brought by users who timely opted out, claims falling within a section-17 carve-out, or any matter for which a court has determined the arbitration agreement is not enforceable — you and ClosingDay agree to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California, and each party consents to personal jurisdiction there.
19. Miscellaneous
These Terms, together with the Privacy Policy, are the entire agreement between you and ClosingDay regarding the service.
If any provision is found unenforceable, the rest remains in effect.
Our failure to enforce any provision is not a waiver of that provision or of our right to enforce it later.
You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of substantially all of our assets.
20. Contact us
Questions about these Terms can be sent to legal@getclosingday.ai. For privacy questions, use privacy@getclosingday.ai. For security disclosure, use security@getclosingday.ai.