These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "Customer") and ClosePath LLC ("ClosePath," "we," "us," or "our"), governing your access to and use of the ClosePath application and related services (the "Service"). By creating an account, checking the box to accept these Terms, or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
ClosePath is a software tool that helps insurance sales professionals organize, track, and prioritize sales leads and related activity. ClosePath is a productivity and record-keeping tool only. It does not provide insurance, financial, legal, tax, or regulatory-compliance advice, and it does not sell insurance or guarantee any sales outcome. You are solely responsible for your own sales practices and for any decisions you make using the Service.
You agree to use the Service only for lawful purposes and in compliance with all laws that apply to your business. You are solely responsible for how you obtain, store, and contact your leads. This includes, without limitation, compliance with:
You agree not to: upload data you do not have the right to use; use the Service to send unlawful, deceptive, or harassing communications; attempt to breach, disrupt, reverse-engineer, or resell the Service; or use the Service to violate the rights of any third party.
No protected health information (PHI). ClosePath is a sales-productivity tool and is not designed or intended to store protected health information as defined under the Health Insurance Portability and Accountability Act (HIPAA), or any medical records, diagnoses, conditions, treatment details, prescriptions, or other clinical health information. You agree not to enter such information into the Service, including in any free-text field such as notes. The Service is not a HIPAA-compliant platform; we do not act as a HIPAA "business associate," and we have not signed and will not sign a Business Associate Agreement. If you need to record health information about an individual, you must use a system specifically designed and contracted for HIPAA-regulated data. You are solely responsible for any health information you enter in violation of this section, and we may remove such information or suspend your account.
As between you and ClosePath, you own the lead and customer data you enter into the Service ("Your Data"). You grant us a limited license to host, process, and display Your Data solely to provide and maintain the Service. You are the party responsible (the "controller") for Your Data and for the lawful collection, use, and contact of the individuals it describes. We act as a processor on your behalf, as further described in our Privacy Policy. You represent and warrant that Your Data does not include protected health information or other health information described in Section 4. You can export Your Data as a CSV file at any time from within the Service.
The Service, including its software, design, and branding, is owned by ClosePath and protected by intellectual-property laws. These Terms do not grant you any ownership of the Service. You may not copy, modify, distribute, or create derivative works of the Service except as expressly permitted.
The Service relies on third parties, including Stripe (payments) and our hosting and database provider, to operate. Your use of those services may be subject to their own terms, and we are not responsible for third-party services.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT IT WILL PRODUCE ANY PARTICULAR SALES OR BUSINESS RESULT.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLOSEPATH WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, DATA, OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
You agree to defend, indemnify, and hold harmless ClosePath from any claims, damages, losses, and expenses (including reasonable legal fees) arising out of your use of the Service, Your Data, your contact with leads or customers, or your violation of these Terms or any law — including telemarketing, Do-Not-Call, or privacy laws.
We may suspend or terminate your access to the Service, with or without notice, if you violate these Terms, fail to pay, or use the Service in a way that may cause harm or legal risk. You may stop using the Service at any time. Upon termination, your right to use the Service ends; provisions that by their nature should survive (such as disclaimers, limitations of liability, and indemnification) will survive.
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, by email or in-app notice). Your continued use of the Service after changes take effect means you accept the updated Terms.
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You agree that any dispute will be resolved in the state or federal courts located in that state, unless otherwise required by law.
Questions about these Terms? Contact us at support@closepathtracker.com
ClosePath LLC