Terms of Service & Legal Disclosures

Cookie Consent & Website Tracking Notice

When you first visit the Call4Close website, you will be presented with a cookie preference notice. This section explains what that means and your rights.

1.1 What Cookies Are Used

The Company uses the following categories of cookies:

• Strictly Necessary Cookies — Required for basic site functionality (login sessions, security). These cannot be disabled.
• Analytics/Performance Cookies — Help understand how visitors use the site. Enabled only with your consent.
• Marketing/Targeting Cookies — Track activity to serve relevant advertising. Enabled only with your explicit consent.

1.2 Your Consent Choices

• You may accept all, reject non-essential, or customize cookie preferences at any time via the "Cookie Settings" link in the site footer.
• Withdrawing or changing consent will not affect the lawfulness of any prior processing.
• The Company uses a third-party Consent Management Platform (CMP) to capture, record, and honor your cookie choices.

1.3 U.S. Compliance Note

If you are a California resident, you have the right to opt out of the "sale" or "sharing" of your personal information under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). A "Do Not Sell or Share My Personal Information" link is available in the site footer. The Company does not currently direct marketing to users in the European Union; however, if such traffic is received, GDPR opt-in standards will be honored.

Definitions

Eligibility & Registration

3.1 Eligibility Requirements

To use the Service, you must:

• Be a licensed real estate agent, broker, or brokerage operating in the United States
• Be at least 18 years of age
• Have the legal authority to enter into binding contracts
• Maintain a valid, active real estate license in your state of operation

3.2 Accurate Information

You agree to provide accurate, current, and complete information during registration and to update such information promptly if it changes. The Company reserves the right to suspend or terminate accounts found to contain false or misleading information.

3.3 Account Security

You are responsible for all activity that occurs under your account. You agree to maintain the confidentiality of your login credentials and to notify the Company immediately of any unauthorized use of your account.

Description of Service

4.1 What the Service Does

Call4Close provides a missed-call capture and response system. When a User's forwarded number receives a missed call, the Platform sends a text message response to the caller, captures replies, processes the lead, and notifies the User via alerts and activity reports.

4.2 Number Ownership & Control

All messaging and communications numbers used to deliver the Service ("Service Numbers") are owned, provisioned, and exclusively controlled by the Company. Users are granted access to the Service as a whole — they do not receive ownership of, independent access to, or direct control over any specific Service Number. Service Numbers may be reassigned, replaced, or retired by the Company at any time in its sole discretion. No Service Number shall be ported, transferred, or assigned to any User upon cancellation or termination of this Agreement.

4.3 What the Service Does NOT Do or Guarantee

The Service:

• Does not guarantee lead conversion, sales, commissions, or business outcomes of any kind
• Does not guarantee delivery of any specific text message to any specific recipient
• Does not guarantee real-time notification or zero-latency alert delivery
• Does not operate as a licensed real estate brokerage, referral service, mortgage broker, or settlement service provider
• Does not provide legal, financial, or real estate licensing advice

SMS Messaging Program Terms

This section satisfies A2P 10DLC carrier registration requirements and industry standards for SMS programs.

5.6 No Third-Party Marketing Sharing

Phone numbers and Customer interaction data collected through this SMS program will not be shared with third parties for marketing or promotional purposes. See Section 8 (Data, Privacy & Confidentiality) for full details.

Real Estate Regulatory Compliance

6.1 RESPA Compliance — No Referral Fees

The Company does not pay, receive, or facilitate referral fees, kickbacks, or anything of value in connection with real estate transactions or the referral of settlement service business. The Service is a technology platform only. Under Section 8 of the Real Estate Settlement Procedures Act (RESPA), it is a federal violation to pay or receive a fee or kickback in exchange for a referral of real estate settlement service business.

6.2 TCPA Compliance — User Responsibility

The Telephone Consumer Protection Act (TCPA) governs business SMS and voice communications sent through technology platforms. Users, not the Company, are solely responsible for ensuring TCPA compliance in their use of the Service, including:

• Ensuring that any Customer who receives a Platform-initiated SMS response has provided express written consent to receive such communications from the User
• Including required opt-in disclosures on any lead capture forms that route to the Service
• Complying with applicable state laws, which in states such as Florida, Oklahoma, and Washington impose stricter consent and messaging requirements

6.3 Caller Disclosure Requirement

Users are required to include a disclosure on their business materials — including but not limited to their website, business cards, and voicemail greeting — informing callers that they may receive a text message response to their inbound call. A recommended disclosure statement is: "By calling this number, you may receive a text message response on behalf of [Agent Name]." Failure to maintain this disclosure is a violation of this Agreement and may result in immediate account termination without refund.

6.4 SMS Opt-Out — Platform-Level Requirement

The Platform honors industry-standard SMS opt-out keywords including STOP, CANCEL, and UNSUBSCRIBE at the system level, as required by carrier regulations and federal law. Users may not override, circumvent, or disable this opt-out mechanism.

6.5 FCC 1:1 Consent Rule (Effective January 27, 2025)

Effective January 27, 2025, the FCC adopted rules requiring one-to-one consent for technology-initiated lead outreach — meaning a consumer must expressly authorize the specific business (i.e., the User's brokerage or team) to contact them. Users are responsible for ensuring that all Customer interactions routed through the Service comply with this rule.

6.6 State Real Estate License Law

Users must comply with all applicable state real estate license laws and National Association of REALTORS® (NAR) ethics standards, including rules governing electronic communications, lead management, and client identification.

Third-Party Service Dependencies & Uptime Disclaimer

7.1 Third-Party Providers

The Platform relies on third-party technology and infrastructure providers whose identities are proprietary to the Company. The Company does not control, warrant, or guarantee the performance, availability, or continued operation of any Third-Party Provider.

7.2 No Uptime Guarantee

The Company makes no guarantee of 100% uptime or continuous availability of the Service. The Platform may experience interruptions due to:

• Outages, maintenance, or failures at any Third-Party Provider
• Carrier-level SMS filtering, blocking, or routing failures
• Internet infrastructure disruptions
• Scheduled or emergency maintenance performed by the Company or its providers
• Force majeure events (natural disasters, cyber attacks, government actions, etc.)

7.3 Call Forwarding & Messaging Failure

Users acknowledge and agree that:

• Text messages may fail to send, fail to deliver, or be filtered by mobile carriers
• Call forwarding may fail due to carrier routing issues or configuration errors
• Platform-generated responses may be delayed, incorrect, or unavailable
• Alert notifications to Users may be delayed or undelivered

The Company shall not be liable for any lost lead, missed inquiry, failed text message, failed call, or missed notification — regardless of cause.

Data, Privacy & Confidentiality

8.1 Data Collected

The Company collects and stores data including but not limited to:

• User registration information (name, email, phone, brokerage, license number)
• Inbound caller phone numbers and timestamps
• SMS conversation transcripts between Customers and the Platform
• Lead records and summaries generated by the Platform
• Usage and activity logs

8.2 No Sale of User or Customer Data for Marketing

The Company will not sell, rent, lease, or transfer User registration data or Customer interaction data to any third party for marketing, advertising, or commercial solicitation purposes.

8.3 Internal Business Use

User and Customer data may be retained and used by the Company for its own internal business purposes, including platform improvement, customer support, billing, compliance, and enforcing this Agreement.

8.4 No Guarantee of Data Security

The Company implements commercially reasonable safeguards to protect stored data; however, the Company does not guarantee the security, integrity, or confidentiality of any data transmitted through or stored on the Platform.

8.5 Data Retention

The Company may retain User and Customer data for as long as the account is active and for a reasonable period thereafter, consistent with applicable law and the Company's internal data retention policy.

Subscription, Billing & Cancellation

9.1 Free Trial

New Users receive a 30-day free trial beginning on the date of account activation. No charges are assessed during the trial period. By providing valid payment information at registration, the User authorizes the Company to begin billing at the conclusion of the trial if the User has not cancelled.

9.2 Subscription Fees

Following the trial period, the Service is provided on a recurring monthly subscription basis. The applicable fee is disclosed at registration and may be updated by the Company upon 30 days' prior written notice.

9.3 No Refunds

All subscription fees are non-refundable. The Company does not provide prorated refunds for unused portions of a subscription month, including upon cancellation.

9.4 Cancellation

Users may cancel their subscription at any time by contacting the Company at help@call4close.com or through the account management interface. Cancellation will take effect at the end of the then-current billing period.

Prohibited Conduct

Users agree not to use the Service to:

• Send unsolicited marketing or spam messages to any individual
• Violate any federal, state, or local law, including but not limited to TCPA, CAN-SPAM, or applicable state telemarketing laws
• Impersonate any person or entity, or falsely represent an affiliation with any person or entity
• Transmit any content that is unlawful, harassing, defamatory, obscene, fraudulent, or otherwise objectionable
• Attempt to gain unauthorized access to the Platform or any related systems or networks
• Use the Service in any manner that could damage, disable, overburden, or impair the Platform
• Resell, sublicense, or otherwise transfer access to the Service to any third party without the Company's prior written consent
• Use the Service for any purpose other than legitimate real estate business communications

The Company reserves the right to suspend or terminate any account found to be in violation of this section, without prior notice and without refund.

Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOST LEADS, LOSS OF DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.

IN NO EVENT SHALL THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service or any activity under your account
• Your violation of this Agreement
• Your violation of any applicable federal, state, or local law, including TCPA
• Any claim by a third party (including Customers) arising from your use of the Platform
• Any false or misleading information provided by you in connection with the Service

Governing Law & Dispute Resolution

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law principles.

14.2 Informal Resolution

Before initiating any formal dispute process, the parties agree to attempt to resolve any dispute informally by contacting the Company at help@call4close.com. The Company will make commercially reasonable efforts to resolve the dispute within 30 days.

14.3 Binding Arbitration

If informal resolution fails, any dispute, controversy, or claim arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Wake County, North Carolina, or remotely by mutual agreement.

14.4 Class Action Waiver

YOU AND THE COMPANY EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14.5 Exceptions

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm pending arbitration.

General Provisions

15.1 Entire Agreement

This Agreement, together with the Privacy Policy, constitutes the entire agreement between you and the Company with respect to the Service and supersedes all prior or contemporaneous understandings, representations, and agreements, whether written or oral.

15.2 Modifications

The Company reserves the right to modify this Agreement at any time. Material changes will be communicated to Users via the registered email address on file or through a notice on the Site at least 30 days before the change takes effect.

15.3 Severability

If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.

15.4 Waiver

The Company's failure to enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

15.5 Assignment

You may not assign or transfer this Agreement or your rights hereunder without the Company's prior written consent. The Company may assign this Agreement freely.

15.6 Contact

For any questions regarding this Agreement, please contact: