Draft for attorney review. Replace the bracketed items and have a lawyer approve this page before you accept paying customers.

Terms of Service

Effective [DATE]

These Terms govern your use of Closing Desk (the “Service”), provided by Your Company LLC (“we”, “us”). By creating an account you agree to these Terms on behalf of yourself and the agency you represent (the “Customer”).

1. The Service

The Service is a workflow tool for tracking real estate closing files. It is not a closing, escrow, accounting or title production system, and it does not hold or move money.

2. Not legal or compliance advice

Checklists, deadline estimates (including Closing Disclosure timing) and other information in the Service are provided for convenience only. They are not legal advice and may not reflect every rule that applies to a transaction. The Customer remains solely responsible for complying with all laws, regulations, underwriter requirements and lender instructions, and for verifying every date and requirement.

3. Accounts and users

• The Customer is responsible for everything done under its accounts and for keeping passwords secure.
• The Customer’s owner controls who has access and must remove users who should no longer have it.
• You must be at least 18 and authorized to bind the Customer.

4. Customer data

• The Customer owns all data it enters (“Customer Data”). We use Customer Data only to provide, secure and support the Service, and as described in our Privacy Policy.
• The Customer must not enter Social Security numbers, bank or financial account numbers, wire instructions, or payment card data.
• The Customer is responsible for having the right to enter the personal information it stores and for giving any notices its customers are owed.
• We maintain administrative, technical and physical safeguards appropriate to the nature of the data, as described on our Security page. Where we act as a service provider to a financial institution, we will cooperate reasonably with the Customer’s obligations under the Gramm-Leach-Bliley Act Safeguards Rule.
• The Customer may export its data at any time. After an account is closed, we delete Customer Data within [90] days, except backups, which are overwritten on their normal schedule.

5. Acceptable use

Do not misuse the Service, including by attempting to access another customer’s data, probing or disrupting the Service, or using it for unlawful purposes.

6. Fees, trial and cancellation

• New agencies receive a 14-day free trial. After that, continued use requires a paid subscription billed monthly in advance.
• Subscriptions are sold and billed through Stripe, which acts as the reseller and merchant of record for the purchase. Stripe calculates, collects and remits applicable sales and use taxes, which are added to the subscription price. Stripe’s purchase terms also apply to the payment, and the charge may appear on your statement under Stripe or Link.
• Subscriptions renew automatically until canceled. You can cancel any time from the Billing page; cancellation takes effect at the end of the current billing period. Fees are non-refundable except where required by law or where Stripe issues a refund under its own policies.
• If a subscription lapses, the Customer’s data becomes read-only but remains available for export for at least [90] days.
• We may change prices with at least 30 days’ notice.

7. Availability and changes

We work to keep the Service available but do not guarantee uninterrupted operation. We may improve or change features over time and will give reasonable notice of material changes.

8. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS LIMITED TO THE FEES THE CUSTOMER PAID US IN THE 12 MONTHS BEFORE THE CLAIM.

10. Indemnity

The Customer will defend and indemnify us against third-party claims arising from Customer Data or the Customer’s violation of law or these Terms.

11. Termination

Either party may end these Terms by closing the account. We may suspend or terminate access for material breach, non-payment, or to protect the Service or other customers.

12. General

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law rules, with venue in [COUNTY], Virginia. We may update these Terms with notice; continued use after the effective date means acceptance. Contact: support@example.com, [MAILING ADDRESS].