Terms of Service

Welcome to ClosingPack. These Terms of Service ("Terms") govern your access to and use of the websites, applications, and services operated by ClosingPack LLC, a Georgia limited liability company ("ClosingPack," "we," "us," or "our"). By accessing or using ClosingPack, you agree to be bound by these Terms.

These Terms include important provisions that affect your legal rights, including a mandatory arbitration clause and a class action waiver in Section 14. Read carefully.

ClosingPack offers different services to different categories of users:

• Homeowners and visitors who view a real estate agent's vendor pack.
• Real estate agents who use ClosingPack to curate and share vendor recommendations.
• Home-service vendors who pay a monthly placement fee to appear on agents' packs.

Sections that apply to all users are written generally. Sections that apply only to agents or vendors are clearly labeled.

1. Acceptance and Eligibility

By creating an account, accessing the ClosingPack website, or using any ClosingPack service, you confirm that you are at least 18 years old, can form a binding contract, and are not prohibited from using ClosingPack under applicable law. If you are using ClosingPack on behalf of an organization, you confirm you have authority to bind that organization to these Terms.

These Terms incorporate by reference our Privacy Policy and our RESPA Disclosure. By using ClosingPack, you agree to both.

2. What ClosingPack Is and Is Not

ClosingPack is a marketplace platform that lets real estate agents publish curated lists of home-service vendors (called "packs") that they recommend to their clients. Vendors pay a flat monthly placement fee to appear on agents' packs. Agents earn a share of those placement fees.

What ClosingPack is not:

• ClosingPack is not a real estate brokerage, lender, mortgage broker, title company, escrow agent, or insurance provider.
• ClosingPack is not a party to any service contract between a homeowner and a vendor.
• ClosingPack does not perform home services and is not responsible for the quality, safety, legality, or completion of any service performed by a vendor.
• ClosingPack does not list vendors who provide settlement services as defined by the Real Estate Settlement Procedures Act of 1974 ("RESPA").

3. Accounts

Some features of ClosingPack require an account. You agree to provide accurate, complete, and current information when registering, and to update it as needed. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us immediately of any unauthorized access. We are not liable for losses caused by unauthorized use of your account if you failed to safeguard credentials reasonably.

We may suspend or terminate your account at any time, with or without notice, if we believe you have violated these Terms, applicable law, or our policies, or if your activity poses a risk to ClosingPack, other users, or third parties.

4. Acceptable Use

You agree not to:

• Use ClosingPack for any unlawful purpose or in violation of any applicable law or regulation.
• Submit false, misleading, or fraudulent information.
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Reverse engineer, scrape, copy, or systematically extract content from ClosingPack except through documented APIs.
• Interfere with or disrupt the operation of ClosingPack, including by introducing viruses, malware, or excessive automated requests.
• Use ClosingPack to harass, defame, or harm any other user or third party.
• Circumvent any access restriction, payment requirement, or security feature.

5. Terms for Real Estate Agents

This Section 5 applies if you are a real estate agent using ClosingPack to build a vendor pack. Agents must also comply with all other applicable Sections.

5.1 Eligibility

To use ClosingPack as an agent, you must hold an active real estate license in the state where you operate, be in good standing with your state licensing authority, and be associated with a brokerage that permits your use of ClosingPack.

5.2 Disclosure Obligations

Every ClosingPack booking page automatically displays a disclosure to homeowners that vendors pay a placement fee and that the agent receives a share of those fees. You agree not to remove, obscure, or modify that automatic disclosure.

You are independently responsible for any additional disclosure obligations imposed on you by your state's real estate licensing rules, your brokerage's policies, the NAR Code of Ethics (if you are a REALTOR), or any other applicable law. The on-page disclosure is provided as a default and is not a substitute for any disclosure your jurisdiction may independently require.

As a convenience, ClosingPack provides an optional template "Vendor Recommendation Disclosure" that agents may use to obtain a signed client acknowledgment. Use of the template is at your discretion. ClosingPack does not require, audit, or enforce its use, and provision of the template does not constitute legal advice or alter your independent compliance obligations.

5.3 No Per-Referral Compensation

You agree that the only compensation you may receive from ClosingPack or from any vendor in connection with ClosingPack is the monthly placement-fee share specified by your account dashboard. You agree not to accept, request, or solicit any compensation from any vendor that varies based on the volume, value, or frequency of referrals you direct to that vendor.

5.4 No Settlement Services

You agree not to use ClosingPack to refer clients to any provider of settlement services as defined by RESPA, including mortgage lenders, title companies, escrow agents, mortgage-required home inspectors, appraisers, insurance providers, or attorneys involved in real estate closings. You acknowledge that ClosingPack does not list such providers, and that adding any such provider to your pack would constitute a violation of these Terms.

5.5 Curation Responsibility

The vendors you list on your pack are presented to homeowners as your personal recommendations. You are responsible for the curation of your pack and for the conduct of vendors you choose to list. You agree to remove any vendor from your pack if you no longer recommend them.

5.6 Compensation

ClosingPack pays you a share of the monthly placement fee paid by each vendor on your pack, as specified in your account dashboard. The current share is seventy percent (70%). ClosingPack retains thirty percent (30%) as the platform fee. We may modify these percentages on thirty (30) days written notice.

Payments are made monthly on or about the 2nd of each month for placement fees collected from vendors in the prior calendar month. Payments are made via Stripe Connect to a bank account you provide. You are responsible for any tax obligations associated with the income you receive.

5.7 Trial Periods

Vendors who join your pack receive a 45-day free trial during which no placement fee is charged. You do not earn placement-fee revenue from a vendor during their trial period. Your payouts begin once vendors convert from trial to active status.

6. Terms for Vendors

This Section 6 applies if you are a home-service vendor on ClosingPack. Vendors must also comply with all other applicable Sections.

6.1 Eligibility

To use ClosingPack as a vendor, you must operate a legitimate home-service business, hold any licenses required by your state or municipality for the services you provide, carry general liability insurance reasonable for your industry, and be in good standing with all applicable regulatory authorities.

6.2 Placement Fees and Trial

Each "slot" on an agent's pack is subject to a monthly placement fee. The current fee is $79 per slot per month, flat across all service categories. Fees are listed in your account dashboard at the time of slot creation. Slots created before the Ship 24 flat-pricing update retain their original per-category rate (range: $49 to $199 per month) for the life of the slot, except as provided in Section 17.

Each new slot includes a free trial of 45 days, during which no placement fee is charged. After the trial, the placement fee is billed monthly to the payment method on file. You may cancel any slot at any time. Cancellation takes effect at the end of the current billing period.

6.3 No Settlement Services

You agree that you do not provide settlement services as defined by RESPA, and that you will not use ClosingPack to advertise, solicit, or perform settlement services. This includes mortgage origination, title insurance, escrow, mortgage-required home inspection, appraisal, real estate insurance, or attorney services involved in real estate closings.

6.4 Service Quality and Conduct

You agree to perform services for ClosingPack-referred homeowners with the same standards of professionalism, quality, timeliness, and safety that you apply to your other customers. You agree to honor any quotes or commitments you provide. You agree not to use ClosingPack-derived contact information for any purpose other than serving the referred homeowner.

6.5 Direct Relationship with Homeowner

Once a homeowner contacts you through ClosingPack, the relationship between you and the homeowner is direct. ClosingPack does not collect payment from homeowners on your behalf, and we take no commission on the services you provide. We are not a party to any contract between you and the homeowner.

6.6 Failed Payments

If your placement-fee payment fails, we will retry the charge on the 5th and 10th of the same month. If all three attempts fail, your slot will be suspended and removed from the agent's booking page until payment is updated. Repeat payment failures may result in account termination.

7. Homeowner Use

Homeowners and other visitors who view an agent's booking page may use ClosingPack at no cost. By using ClosingPack as a homeowner, you acknowledge:

• Vendors listed on a booking page have paid a monthly placement fee to appear, as disclosed on the page.
• The agent who curated the pack receives a share of those placement fees.
• You are free to use any vendor of your choosing, including vendors not listed on any pack.
• Any service contract you enter with a vendor is between you and that vendor. ClosingPack is not a party to it and bears no responsibility for the work performed.

8. Content and License

You retain ownership of all content you submit to ClosingPack (business descriptions, photos, reviews, blurbs). By submitting content, you grant ClosingPack a non-exclusive, royalty-free, worldwide license to use, display, modify, reproduce, and distribute that content for the purpose of operating and promoting the platform. This license terminates when you remove the content, except that we may retain copies in backups for a reasonable period.

You represent that all content you submit is accurate, that you have the right to submit it, and that it does not infringe any third party's rights.

9. Fees, Taxes, and Refunds

All fees are stated in U.S. dollars. You are responsible for any taxes associated with your use of ClosingPack, including sales tax, income tax on earnings, and any withholding obligations. ClosingPack will issue 1099 forms to agents as required by U.S. tax law.

Except as expressly stated in these Terms, all fees are non-refundable. We may offer refunds at our discretion for billing errors or in connection with account cancellations during a trial period.

10. Intellectual Property

ClosingPack and all software, designs, text, graphics, logos, and other content provided by us are owned by ClosingPack LLC or our licensors. You may not copy, modify, distribute, sell, lease, or create derivative works of any part of ClosingPack except as expressly permitted.

The names "ClosingPack" and the ClosingPack logo are trademarks of ClosingPack LLC. You may not use them without our prior written consent except to refer to ClosingPack itself.

11. Privacy

Your use of ClosingPack is also governed by our Privacy Policy, which describes what data we collect, how we use it, and the rights you have. By using ClosingPack, you consent to our data practices as described there.

12. Disclaimers

ClosingPack and all services are provided "as is" and "as available," without warranties of any kind, whether express, implied, statutory, or otherwise.

ClosingPack disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy of information, uninterrupted service, and freedom from errors or harmful components. We do not warrant that any vendor will perform satisfactorily, that any agent's recommendations are objectively accurate, or that any homeowner will engage any listed vendor.

ClosingPack is not responsible for the conduct, content, or work of any agent, vendor, homeowner, or other third party. We do not verify the accuracy of statements made by agents or vendors except as expressly stated. Use of ClosingPack is at your own risk.

13. Limitation of Liability

To the maximum extent permitted by law, ClosingPack LLC, its members, officers, employees, contractors, and agents shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or business interruption, even if advised of the possibility of such damages.

Our total liability to you for any claim arising out of or relating to these Terms or your use of ClosingPack shall not exceed the greater of (a) the fees you have paid to ClosingPack in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for certain damages. To that extent, the above limitations may not apply to you. The disclaimers and limitations in Sections 12 and 13 are essential elements of the bargain between you and ClosingPack.

14. Dispute Resolution and Arbitration

Read this section carefully. It affects your legal rights.

14.1 Informal Resolution

Before filing any claim, you agree to contact ClosingPack at hello@closingpack.ai and attempt to resolve the dispute informally for at least sixty (60) days. Most disputes can be resolved this way.

14.2 Mandatory Arbitration

If informal resolution does not resolve the dispute, you and ClosingPack agree to resolve any claim, dispute, or controversy arising out of or relating to these Terms or your use of ClosingPack through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org.

The arbitration shall be conducted in Fulton County, Georgia, or remotely, at the option of the consumer party. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction.

14.3 Small Claims Carve-Out

Notwithstanding Section 14.2, either party may bring an individual claim in small claims court if the claim qualifies under that court's jurisdiction.

14.4 Class Action Waiver

You and ClosingPack each waive any right to bring or participate in a class action, collective action, consolidated action, or representative action. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.5 Opt-Out

You may opt out of Sections 14.2 and 14.4 by sending written notice to hello@closingpack.ai within thirty (30) days of first accepting these Terms. Your notice must include your name and email address. If you opt out, the remainder of these Terms remains in effect.

14.6 Governing Law

These Terms are governed by the laws of the State of Georgia, without regard to its conflict-of-laws principles. Subject to the arbitration provisions above, any non-arbitrable claim shall be brought exclusively in the state or federal courts located in Fulton County, Georgia, and you consent to the personal jurisdiction of those courts.

15. Termination

Either party may terminate these Terms at any time. You may terminate by closing your account through your dashboard or by emailing hello@closingpack.ai. We may terminate your account immediately for any violation of these Terms, applicable law, or our policies, or for any other reason on thirty (30) days written notice.

Upon termination: (a) your right to use ClosingPack ends; (b) any active slots you hold as a vendor are cancelled; (c) any earned-but-unpaid agent payouts will be paid on the next scheduled payout date; (d) Sections 8, 9, 10, 12, 13, 14, and 17 survive termination.

16. Indemnification

You agree to indemnify, defend, and hold harmless ClosingPack LLC and its members, officers, employees, contractors, and agents from any claim, loss, liability, damage, or expense (including reasonable attorneys' fees) arising out of or related to: (a) your use of ClosingPack; (b) your violation of these Terms; (c) your violation of any law or third-party right; (d) any content you submit; or (e) any service you perform as a vendor, recommend as an agent, or contract for as a homeowner.

17. Changes to These Terms

We may modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the ClosingPack website at least thirty (30) days before the changes take effect. Your continued use of ClosingPack after the effective date constitutes acceptance of the modified Terms.

If you do not agree to the modified Terms, your sole remedy is to stop using ClosingPack and close your account before the effective date.

18. Miscellaneous

Entire agreement. These Terms, together with the Privacy Policy and RESPA Disclosure, constitute the entire agreement between you and ClosingPack regarding your use of the platform.

Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force.

No waiver. Our failure to enforce any right under these Terms is not a waiver of that right.

Assignment. You may not assign these Terms without our written consent. We may assign these Terms in connection with a merger, acquisition, or sale of our business.

Notices. We may give notice to you by email to the address associated with your account or by posting on the ClosingPack website. You may give notice to us at hello@closingpack.ai.

Headings. Section headings are for convenience only and do not affect interpretation.

Contact. ClosingPack LLC, Alpharetta, Georgia. Email: hello@closingpack.ai.