Terms of Service

Last updated: July 3, 2026

1. Acceptance of Terms

By accessing or using the ClosingDay platform — including the website, iOS application, web console, and all related services (collectively, the "Service") — you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

If you are using the Service on behalf of a business, you represent and warrant that you are authorized to bind that business to these Terms.

If you do not agree to these Terms, you may not use the Service.

2. Description of Service

ClosingDay is a software-as-a-service (SaaS) platform that helps title companies, notaries, and related parties coordinate real estate closings. Features include:

  • Closing scheduling and status tracking
  • Automated SMS and email notifications via third-party providers
  • Live notary location sharing and ETA
  • Shareable buyer status pages
  • Multi-closing dashboards for title agents

ClosingDay is a coordination tool only. We are not a title company, escrow company, notary service, or real estate brokerage, and we do not perform or guarantee any real estate services.

3. Accounts and Eligibility

To use the Service, you must be at least 18 years old and capable of forming a legally binding contract. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to provide accurate and complete information during registration and to promptly update any information that becomes inaccurate. ClosingDay reserves the right to suspend or terminate accounts that provide false information.

4. SMS Communications & TCPA Compliance

CTIA & TCPA Disclosure

Program. ClosingDay operates a transactional SMS notification program to help title agents coordinate real estate closings. Messages are sent only to closing participants (buyers, sellers, notaries, lenders) whose contact information has been submitted as part of a specific, active real estate closing transaction.

Title agent responsibility. By using ClosingDay to add a closing participant's phone number to the platform, the title agent represents and warrants that:

  • The participant is a party to a real, active real estate closing transaction.
  • The participant has been informed they may receive transactional SMS updates related to their closing via ClosingDay.
  • The participant has not previously opted out of ClosingDay communications.
  • The phone number belongs to the named participant and is accurate.

Message content. All messages sent through ClosingDay are strictly transactional: appointment reminders, status updates, scheduling changes, and document alerts. No marketing, promotional, or solicitation messages are sent through this program.

Opt-out. Participants may reply STOP to any message at any time to unsubscribe. Title agents must not re-add a phone number that has previously opted out without obtaining fresh, documented consent from that individual.

Help. Participants may reply HELP for program support information.

Message frequency & rates. Message frequency varies (typically 2–8 messages per closing). Message and data rates may apply.

TCPA. You agree to use ClosingDay's SMS features in compliance with the Telephone Consumer Protection Act (TCPA) and all applicable federal, state, and carrier regulations. ClosingDay is not responsible for any violation of law resulting from a title agent adding a contact without proper consent.

5. Your Data

You own your data. All closing records, party contact information, and content you upload or enter into the Service ("User Content") remain yours. ClosingDay does not claim any ownership rights over your User Content.

By using the Service, you grant ClosingDay a limited, non-exclusive license to process, store, and transmit your User Content solely as necessary to provide the Service to you.

You are responsible for ensuring you have the legal right to add third-party contact information (buyers, notaries, lenders) to the platform and that doing so complies with applicable law, including obtaining any required consent to receive SMS notifications.

6. Acceptable Use

You agree not to use the Service to:

  • Violate any applicable law or regulation
  • Send spam, unsolicited communications, or harassing messages
  • Impersonate any person or entity
  • Attempt to gain unauthorized access to any part of the Service or its infrastructure
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use the Service for any purpose other than legitimate real estate closing coordination
  • Scrape, reverse-engineer, or copy any part of the Service without prior written consent

7. Subscription, Billing, and Cancellation

ClosingDay offers paid subscription plans as described on our pricing page. By subscribing, you authorize ClosingDay (or our payment processor) to charge your payment method on a recurring monthly basis.

  • Free trial: If a free trial is offered, your payment method will be charged at the end of the trial period unless you cancel before it ends.
  • Cancellation: You may cancel your subscription at any time through account settings or by contacting us at hello@closingday.app. Cancellation takes effect at the end of the current billing period. No partial refunds are provided for unused time.
  • Price changes: We will provide at least 30 days' written notice of any price increases. Continued use after the effective date constitutes acceptance.
  • Delinquent accounts: If payment fails, we may suspend access to the Service after a 7-day grace period.

8. Disclaimer of Warranties

Important — please read carefully

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOSINGDAY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND UNINTERRUPTED OR ERROR-FREE SERVICE.

ClosingDay does not warrant that: (a) the Service will meet your specific requirements; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) SMS or email notifications will be delivered successfully (delivery depends on third-party carriers); or (d) any errors will be corrected.

9. Limitation of Liability

Important — please read carefully

ClosingDay is not liable for closing outcomes. The Service is a coordination tool. ClosingDay bears no responsibility for the outcome of any real estate transaction, missed closings, delayed closings, financial losses, or any consequences arising from use of or inability to use the Service.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CLOSINGDAY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO CLOSINGDAY IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

IN NO EVENT WILL CLOSINGDAY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR DATA, ARISING FROM YOUR USE OF THE SERVICE.

10. Indemnification

You agree to indemnify, defend, and hold harmless ClosingDay and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or third-party rights; or (d) any content you submit through the Service.

11. Intellectual Property

The Service, including all software, designs, trademarks, and content created by ClosingDay, is owned by ClosingDay and protected by intellectual property laws. You may not copy, reproduce, modify, or create derivative works of the Service without express written permission.

Your User Content remains yours. ClosingDay does not claim ownership of any data or content you submit.

12. Termination

Either party may terminate these Terms at any time. You may terminate by canceling your subscription and ceasing use of the Service. ClosingDay may terminate or suspend your access immediately, without prior notice, if you violate these Terms or engage in conduct we determine to be harmful to the Service or other users.

Upon termination, your right to use the Service ceases. You may request a data export within 30 days of termination. After that period, your data may be deleted in accordance with our Privacy Policy.

13. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Houston, Texas, under the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide at least 14 days' notice of material changes via email or in-app notification. Continued use after the effective date of revised Terms constitutes acceptance.

15. Contact

Questions about these Terms? Contact us:

ClosingDay

Email: hello@closingday.app