Terms and Conditions

Welcome to CloseAbility Data Solutions, Inc. (“CloseAbility,” “we,” “our,” or “us”). These Terms and Conditions (“Terms”) govern your access to and use of our website, www.closeability.io (the “Website”) and any services provided through it (collectively, the “Services”). By accessing or using the Website or Services, you agree to comply with and be bound by these Terms. If you do not agree to these Terms, you must discontinue use of the Website and Services immediately.

Acceptance of Terms

By using the website and services, you affirm that you:

  • Are at least 18 years old and legally capable of entering into these terms.
  • Agree to comply with all applicable laws, including U.S. and international laws related to communications, data privacy, and anti-spam regulations.
  • If acting on behalf of an entity, you confirm that you have the authority to bind that entity to these Terms.
Changes to Terms

CloseAbility reserves the right to update or modify these Terms at any time. Updates will be effective upon posting to the Website. Your continued use of the Website after changes are posted constitutes acceptance of the revised Terms.

Use of the Website
Permitted Use

You may use the Website and Services for lawful purposes only and in compliance with these Terms and all applicable regulations, including but not limited to:

  • The Telephone Consumer Protection Act (TCPA) and related Federal Communications Commission (FCC) regulations.
  • The CAN-SPAM Act for email communications.
  • Twilio’s Acceptable Use Policy regarding messaging and voice services.
Prohibited Use

You agree not to:

  • Use the Website or Services to send spam, unauthorized marketing messages, or automated bulk communications.
  • Engage in fraud, misrepresentation, or misleading communications.
  • Send messages, calls, or communications in violation of Twilio’s policies, including prohibited content such as hate speech, illegal activities, or deceptive practices.
  • Attempt to gain unauthorized access to any part of the Website, Services, or related systems.
  • Introduce harmful code, viruses, or disrupt the functionality of the Website or Services.
  • Copy, distribute, or exploit any content from the Website without our express written permission.

CloseAbility reserves the right to terminate any account found to be violating these provisions.

    Account Registration and Security

    Certain features of the Services may require you to create an account. By registering, you agree to:

    • Provide accurate and complete information.
    • Maintain the confidentiality of your login credentials.
    • Notify us immediately of any unauthorized access to your account.

    We are not responsible for unauthorized access due to your failure to secure your account.

    Messaging and Call Compliance

    If you use CloseAbility’s services for SMS, voice, or other communications, you must comply with:

    • Twilio’s Messaging Policy and Voice Guidelines.
    • The Telephone Consumer Protection Act (TCPA) and other applicable telemarketing and privacy laws.
    • User Consent Requirements: You must obtain explicit consent before sending SMS or making calls.
    • Opt-Out Mechanisms: You must allow recipients to opt out of receiving messages and honor such requests immediately.

    Failure to comply with these requirements may result in account suspension or termination.

    Intellectual Property Rights

    All content on the Website, including text, graphics, logos, software, and trademarks, is owned by or licensed to CloseAbility and is protected by intellectual property laws. You may not use, reproduce, or distribute any content without prior written consent.

    Privacy Policy

    Your use of the website and services is also governed by our privacy policy, which describes how we collect, use, and protect your data. By using our services, you consent to our data practices as outlined in the privacy policy.

    Third-Party Links

    The Website may contain links to third-party websites or services. We do not endorse or assume responsibility for any third-party content, products, or services. Your interactions with third-party websites are at your own risk.

    Disclaimers and Limitation of Liability
    No Warranty

    The Website and Services are provided “as is” and “as available” without warranties of any kind, express or implied. We do not guarantee that the Website or Services will be error-free, uninterrupted, or free from harmful components.

    Limitation of Liability

    To the fullest extent permitted by law, CloseAbility and its affiliates will not be liable for:

    • Indirect, incidental, or consequential damages arising from your use of the Website or Services.
    • Any unauthorized access to your data or account.

    Your sole remedy for dissatisfaction with the Website or Services is to discontinue use.

    Indemnification

    You agree to indemnify and hold CloseAbility, its affiliates, and employees harmless from any claims, damages, or expenses arising from your violation of these Terms or misuse of the Website or Services.

    Termination

    We reserve the right to suspend or terminate your access to the Website and Services at any time, for any reason, including but not limited to violations of these Terms.

    Governing Law and Dispute Resolution

    These Terms shall be governed by and construed in accordance with the laws of the State without regard to its conflict of laws principles.

    Any disputes arising under these Terms shall be resolved through binding arbitration in Beachwood, OH or another mutually agreed venue. You waive the right to participate in class-action lawsuits or class-wide arbitration.

    Contact Information

    If you have any questions about these Terms, please contact us at:

    Phone

    +1 (216) 415-0597

    Address

    3401 Enterprise Parkway Suite 340-435 Beachwood, OH 44122

    By using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.

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