LEGAL

Terms of Service

Last updated: June 18, 2026

These Terms of Service (the "Terms") are a binding agreement between you and Best Suited Resources, LLC, a Texas limited liability company doing business as Best Suited Business Solutions and StayClosd ("we," "us," or "StayClosd"). By accessing or using the StayClosd software service available at stayclosd.com and app.stayclosd.com (the "Service"), you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Service.

1. The Service

StayClosd is a software-as-a-service platform that helps real-estate agents and loan officers stay in contact with past clients through automated monthly email broadcasts, giveaway drawings, and birthday/anniversary gifting. Every plan includes every feature; pricing scales by contact count. A free Starter plan is available up to 100 contacts; paid plans (Growth, Pro, Elite) are available for larger contact lists. A card on file for gifting and an active monthly gift budget (minimum $50) are required to activate and maintain the Service on any plan.

2. Your account

You must be at least 18 years old and have authority to bind the entity you represent. You are responsible for keeping your login credentials confidential and for all activity that occurs under your account. Notify us immediately at hey@stayclosd.com if you suspect unauthorized access.

3. Your content and your contacts

You retain all ownership of the contacts, photos, copy edits, and other content you upload to the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, worldwide license to host, process, transmit, and display Your Content solely as necessary to operate the Service for you.

You represent and warrant that: (a) you own or have the right to upload Your Content; (b) each contact on your list has an existing business relationship with you, has given you express permission to email them, or otherwise has a lawful basis to be contacted under the U.S. CAN-SPAM Act and any applicable state laws; (c) you will not upload purchased mailing lists, scraped lists, or contacts who have not had a prior transaction or inquiry with you; and (d) you will honor unsubscribe and do-not-contact requests promptly.

4. Acceptable use

You agree not to use the Service to:

We may suspend or terminate your account immediately for violations of this section, including for sending broadcasts that produce abnormally high spam-complaint or bounce rates as reported by our delivery providers.

5. AI-generated content

Portions of each broadcast (including the agent note and any market summary text) are drafted by an AI model (Anthropic) using inputs you provide. AI output may contain errors, inaccuracies, or text that does not reflect your views. You are responsible for reviewing and approving every broadcast before it is sent. By approving a draft you acknowledge that you have reviewed the content and accept responsibility for what is sent under your name.

6. Subscription, billing, and payment

Paid plans are billed in advance on a recurring monthly basis through Stripe at the rate displayed on the pricing page at the time you subscribe. Your subscription automatically renews each month at the then-current rate until you cancel. Plan changes (upgrade or downgrade) take effect immediately and are prorated by Stripe. The Starter plan is free and does not require a Stripe subscription.

Some features incur additional charges that are billed alongside the base plan, including: (a) prize and gift fulfillment, which is billed separately to the payment method you save with our gifting partner (these are pass-through charges for the gift amount you choose, and are not retained by us); and (b) any additional services we agree to in writing. Each plan has a hard contact cap; if you grow past your plan's included contact count, you'll need to upgrade to the next tier rather than paying an overage fee.

You authorize us and our payment processor to charge your payment method for all amounts owed. Failed payments may result in suspension of the Service after a grace period and reasonable notice. Failure to maintain a valid gifting payment method or an active monthly gift budget may result in suspension of the Service on any plan, including the Starter plan.

6.1 How we make money on the free plan

StayClosd offers a Starter plan that costs you nothing in subscription fees.This is made possible by a commission relationship with our gifting partner: when you fund a gift through the platform, our gifting partner pays us a commission out of their own margin.

No cost or markup is passed to you. Your card is charged only the gift amount you set (e.g., $50 for a $50 winner). We do not add a surcharge, service fee, or markup on top of the gift amount. The commission we earn is paid to us separately by our gifting partner and is not a deduction from the gift the recipient receives.

No influence on gift selection. We earn the same commission regardless of which gift the recipient picks from the catalog. This revenue model does not influence which gifts are shown to you or your recipients, the order they appear in, or the prices listed.

The gifting program is part of every plan. All plans (including paid tiers) require a card on file for gifting and an active monthly gift budget of at least $50. The gifting commission described above is earned on every gift funded through the Service, on every plan. Paid plans pay a Stripe subscription fee in addition to the gifting program; the Starter plan pays no Stripe fee at all.

6.2 Contact caps and upgrades

Each plan is bound by a hard contact cap: Starter (100), Growth (300), Pro (500), Elite (1,000). You may import any number of contacts to the Service. The first N contacts (where N equals your plan's remaining capacity) will be marked as send-eligible and included in broadcasts. Any additional contacts will be imported, stored, and viewable in your dashboard, but will be paused — they will not receive broadcasts until you upgrade to a plan with sufficient capacity. There is no metered overage charge; the only way to send to more than your plan's cap is to upgrade.

When you upgrade, paused contacts above the old cap and within the new cap are automatically reactivated. When you downgrade, contacts beyond the new cap are re-paused; the platform preserves your most recently contacted contacts as send-eligible.

7. SMS messaging program

When you enable SMS notifications in your account settings and provide a mobile phone number, you consent to receive automated text messages from StayClosd at that number.

Program description. The SMS messaging program covers transactional account messages, including: video task reminders prompting you to record a video for a contact whose birthday or closing anniversary is approaching; broadcast approval prompts when a draft is ready for your review; prize-winner notifications when a contact wins a monthly drawing on your behalf; and service notifications about your account (e.g., billing issues, deliverability warnings, integration failures). The program does not include promotional or marketing messages.

Message frequency. Up to three (3) messages per business day per enrolled mobile number.

Standard rates. Message and data rates may apply depending on your mobile carrier and service plan. StayClosd does not charge you separately for SMS.

Opt-out: Reply STOP to any message to cancel SMS at any time. When you reply STOP, you will stop receiving SMS from StayClosd. You may re-enable SMS at any time from the SMS notifications card on your account settings page.

Help and support. Reply HELP to any message for help, or contact us at hey@stayclosd.com. We respond to support requests during U.S. business hours, Monday through Friday.

Carrier liability. Mobile carriers are not liable for any delayed or undelivered messages.

Number changes. If you change your mobile number, please update it in your account settings or contact us at hey@stayclosd.com so we can keep your records current. You are not held liable for failing to opt out before a number change; we will clear your SMS consent automatically when the number on file is changed and you may re-enroll the new number from the settings page if you choose.

Your consent to receive SMS is voluntary and is not required to use the StayClosd Service. The data we collect to operate the SMS program (mobile number, opt-in timestamp, IP address, exact consent text) is handled as described in our Privacy Policy, including the explicit no-sharing commitment for opt-in data and consent.

8. Cancellation and refunds

You may cancel a paid subscription at any time from the billing portal accessible inside your account, or by emailing hey@stayclosd.com. Cancellation takes effect at the end of the then-current billing period; the account is moved to the free Starter plan when the period ends. Cancelling the Starter plan entirely means closing the account; you may do so at any time by emailing us, and we will delete or anonymize your data per our Privacy Policy.

Gifting program remains required. Cancelling a paid subscription does not exit you from the gifting program; the Starter plan still requires a card on file for gifting and an active monthly gift budget. To stop the gifting program entirely, close the account.

No prorated refunds. Except where required by law, monthly subscription fees are non-refundable for partial months. Gift purchases and Stripe processing fees are non-refundable once a gift has been sent or a transaction has settled. If you believe you have been billed in error, contact us within 30 days of the charge and we will investigate in good faith.

If we terminate your account for a material breach of these Terms (including violations of Sections 3 or 4), no refund is owed.

9. RESPA and other regulatory compliance

The Service does not, and you may not use it to, pay any person or entity a thing of value in exchange for a residential mortgage or real-estate settlement-service referral in violation of the Real Estate Settlement Procedures Act. Drawings, leaderboards, and engagement rewards are based on participation in polls, trivia, surveys, and similar informational activities — not on referrals or other compensable conduct. You agree not to use the Service to circumvent RESPA or any other applicable law, rule, or regulation governing your profession.

10. Intellectual property

The Service, including all software, design, content, trademarks, and documentation (other than Your Content), is and remains the exclusive property of StayClosd and its licensors. We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms while your account is active. All rights not expressly granted are reserved.

11. Service availability and modifications

We work to maintain high availability but do not guarantee any specific uptime. We may modify, suspend, or discontinue parts of the Service at any time; we will provide reasonable advance notice for changes that materially reduce functionality of any plan you are then on, including the free Starter plan.

12. Third-party services

The Service integrates with third-party services including Stripe, Resend, Goody, Anthropic, Rentcast, Supabase, and others (each a "Third-Party Service"). Your use of any Third-Party Service is also subject to that provider's terms and privacy policy. We are not responsible for the acts, omissions, or content of any Third-Party Service.

13. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ESTIMATES, MARKET DATA, AND AI-GENERATED CONTENT ARE PROVIDED FOR INFORMATIONAL PURPOSES AND ARE NOT GUARANTEED TO BE ACCURATE.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).

15. Indemnification

You agree to defend, indemnify, and hold harmless StayClosd, its officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of: (a) Your Content; (b) your use of the Service in violation of these Terms or any applicable law; (c) your violation of any third party's rights; or (d) any allegation that an email you sent through the Service violated CAN-SPAM, TCPA, or any other applicable law.

16. Termination

We may suspend or terminate your access to the Service immediately for any breach of these Terms. Upon termination, your right to use the Service ends and we may delete Your Content after the retention period described in our Privacy Policy. Sections 3, 5, 7, 8, 10, and 12 through 19 survive termination.

17. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The exclusive venue for any action arising out of or relating to these Terms or the Service is the state and federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of those courts.

18. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced by email to the address on file at least 14 days before they take effect. Continued use of the Service after a change indicates acceptance of the revised Terms.

19. Miscellaneous

These Terms, together with the Privacy Policy, constitute the entire agreement between you and us regarding the Service. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver of that right. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

20. Contact

Questions about these Terms should be sent to hey@stayclosd.com or to:

Best Suited Resources, LLC
d/b/a Best Suited Business Solutions / StayClosd
8350 N Central Expy, Ste 1900
Dallas, TX 75206

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