Terms of Service

These Terms of Service are between you and Anzen Digital Media, LLC, a Nevada limited liability company (“Anzen”). They govern access to and use of anzendigitalmedia.com and Closepath (the “Service”).

By completing Stripe Checkout, creating an account, or using the Service, you agree to these terms and the Privacy Policy. If you do not agree, do not use the Service.

Closepath is a hosted listing-to-close book. A user may enter addresses, client details, dates, showings, offers, and commission notes, and may export a spreadsheet from the Service. The export is optional. Excel is not the Service.

The Service is a productivity tool. It is not a brokerage, transaction coordinator, multiple listing service, legal service, tax service, accounting service, compliance system, or fiduciary service, and it does not provide legal, tax, real-estate, or fiduciary advice. It is not a document vault, an electronic-signature product, or an automated contract reader. It does not accept uploaded contracts and does not connect to an MLS.

The user is responsible for critical dates, deadlines, contracts, disclosures, client communications, and compliance with applicable brokerage, MLS, and legal requirements. The Service does not monitor transactions and does not send email, text, or push notifications of deadlines. The morning list displays dates stored in the account when the Service is opened.

You must be at least 18 years old and able to form a contract. After checkout, you set a password for the email associated with the subscription and use that email and password to return while the subscription is active. Passwords are stored as salted scrypt hashes. Anzen does not store the password in plaintext.

You are responsible for the confidentiality of the password, for the devices used to access the account, and for activity under the account, including activity by any person with whom you share access. The subscription is one account. It is not a transferable seat. Notify Anzen at contact@anzendigitalmedia.com if you believe the account is being used without authorization.

Anzen may lock sign-in after repeated failed attempts. The current setting is eight failed sign-ins, followed by a lock of fifteen minutes.

Subject to these terms and payment of the applicable fees, Anzen grants the subscribing agent a personal, non-exclusive, non-transferable, revocable license to use the hosted Service for that agent’s own work, through one account, while the subscription is active. The license is not a sale of the software and is not a lifetime license. Anzen retains all right, title, and interest in the Service and the site.

You may not transfer, sublicense, rent, or resell the Service, share the account, copy the Service, or offer it as a hosted product for other people. A spreadsheet export is a copy of entries in the account. It is not a separate license to the Service.

You will not misuse the Service, attempt to access an account, book, or system you are not authorized to use, or probe, disrupt, or circumvent access controls. You will not use the Service in violation of applicable law, including duties owed to a client, a brokerage, or an MLS.

You are responsible for the accuracy of information you submit and for having the rights needed to store information about other people in the Service.

You retain ownership of the text and figures you submit. You grant Anzen a limited, non-exclusive license to host, store, display to you, and include that content in an export you request, solely to operate the Service for your account. Anzen does not sell that content. The license ends when the content is deleted, except where the law requires a copy to be kept.

You represent that you have the right to submit the client names, contact details, and other third-party information you enter, and that storing it does not violate a duty owed to a client, a brokerage, an MLS, or any other person.

The fee is $9.99 USD per month, billed through Stripe Checkout on the Anzen Digital Media Stripe account. Anzen does not store card numbers. Stripe processes payment and sends the receipt. The subscription is not a lifetime license.

You may cancel at any time. While you are signed in, Billing in the Service opens Stripe’s customer portal, and cancellation through that portal takes effect at the end of the current period. You may also cancel by emailing contact@anzendigitalmedia.com. Cancellation stops subsequent monthly charges. It does not, by itself, refund a charge already paid. Access continues through the end of the period covered by the current charge unless that charge is refunded. If a charge is refunded, access for that period ends.

Refunds are described in the Refund Policy. You may request a refund of the latest monthly charge within 14 days of that charge. If Anzen does not deliver access to the Service, Anzen will refund the charge for that period. If the Refund Policy and this section differ on how a refund is handled, the Refund Policy controls.

The subscription continues until it is cancelled or terminated. Anzen may update, change, or interrupt the Service, including the hosted book, and may discontinue the Service. There is no uptime commitment and no service-level agreement. The license is to the Service as hosted, not to a fixed copy of the software.

Anzen may suspend or terminate an account that misuses the Service, violates these terms, or presents a security risk. Anzen may delete account content when access ends. An export may be made while the account is open. Anzen does not keep a separate copy of the book for the user after deletion.

Discontinuing or changing the Service does not, by itself, create a refund except as stated in the Refund Policy.

The Service is provided as is and as available. To the maximum extent permitted by law, Anzen disclaims all warranties, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Service will be uninterrupted, timely, secure, or error-free.

Dates, calculations (including commission calculations), lists, exports, and stored data are provided without warranty of completeness, accuracy, or timeliness. Commission figures are calculated from the sale price, rate, and split entered in the Service. Descriptions on the product pages do not add a warranty or a service level.

Some jurisdictions do not allow certain warranty disclaimers. In those jurisdictions, this section applies to the maximum extent permitted.

To the maximum extent permitted by law, Anzen and its members, employees, and agents will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost commissions, missed closings, lost profits, lost deals, loss of goodwill, or loss or corruption of data, whether arising in contract, warranty, tort, or otherwise, and whether or not Anzen has been advised of the possibility.

To the maximum extent permitted by law, Anzen’s total liability for direct damages arising out of the Service or these terms will not exceed the amounts paid for the Service in the twelve months before the claim. The limit is aggregate and applies to all claims and theories of liability.

Some jurisdictions do not allow certain limitations of liability. In those jurisdictions, Anzen’s liability is limited to the maximum extent permitted by law. These terms do not limit liability that applicable law does not permit to be limited.

You will defend and indemnify Anzen Digital Media, LLC and its members, employees, and agents against third-party claims, losses, and reasonable attorneys’ fees arising out of content you submit, your lack of rights in that content, or your use of the Service, including claims concerning deadlines, client or brokerage disputes, or brokerage, MLS, disclosure, or other legal compliance.

Anzen will give notice of a claim of which it is aware. You will not settle a claim in a manner that imposes an obligation on Anzen or admits fault by Anzen without Anzen’s prior written consent. Anzen may participate in the defense with its own counsel. This section does not apply to a claim arising from Anzen’s fraud or willful misconduct.

Before starting a formal proceeding, you will email contact@anzendigitalmedia.com with a description of the dispute and the relief requested. If the matter is unresolved 30 days after Anzen receives that notice, either party may file an individual claim. A party need not wait if a filing deadline would otherwise expire.

These terms are governed by the laws of the State of Nevada, United States, without regard to conflict-of-law rules. The state and federal courts located in Nevada are the exclusive venue for disputes arising out of these terms or the Service, and each party consents to personal jurisdiction and venue in those courts. Either party may bring an individual claim in small claims court if the claim qualifies.

Any proceeding will be brought only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative action. A court may not consolidate more than one person’s claims unless both parties agree. This waiver does not limit an action brought by a government agency. If a court holds the waiver unenforceable for a particular claim, that claim may proceed, and the remainder of these terms will remain in effect.

Anzen may revise these terms by posting an updated version on this page and changing the date above. The posted page is notice of the revision. Revised terms apply to use of the Service after the updated date. The terms in effect when a monthly charge is made apply to that charge, including the price and the refund terms then in effect.

These terms, the Privacy Policy, and the Refund Policy are the entire agreement concerning the Service and supersede earlier statements about it. If the Privacy Policy differs from these terms on the handling of personal information, the Privacy Policy controls.

If a provision is held unenforceable, the remaining provisions continue in effect. A failure to enforce a provision is not a waiver. The provisions on content, disclaimers, limitation of liability, indemnification, and governing law survive the end of the subscription.

Anzen may assign these terms in connection with a transfer of the business. You may not assign the account or the subscription.

Anzen Digital Media, LLC
Nevada, United States
https://anzendigitalmedia.com
contact@anzendigitalmedia.com

Privacy Policy · Refund Policy