Welcome to BrandToClose ("BTC," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of the BrandToClose platform, including our website at brandtoclose.com, our AI-powered marketing engine ("Brandon"), and all related services, features, and content (collectively, the "Service").
By creating an account, subscribing to a plan, or otherwise accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
BrandToClose LLC is a California limited liability company.
1. DEFINITIONS
- "Account" means your registered BrandToClose user account.
- "Agent" or "User" means any individual who creates an Account to use the Service.
- "Admin" means a User with administrative privileges on a Team/Brokerage Plan who manages agents, billing, and compliance settings.
- "Brandon" means BrandToClose's proprietary AI engine that generates, recommends, and optimizes marketing content.
- "Content" means any text, images, graphics, videos, templates, social media posts, print materials, website pages, or other materials created, uploaded, generated, or stored through the Service.
- "Generated Content" means Content created by Brandon or other AI features of the Service on behalf of a User.
- "User Content" means Content uploaded, submitted, or provided by Users to the Service, including but not limited to photos, logos, brand assets, listing information, and personal/professional information.
- "Listing" means a real estate property listing and its associated data, media, and marketing materials managed through the Service.
- "Team/Brokerage Plan" means a subscription plan that allows an Admin to manage multiple Agents under a single billing account.
2. ELIGIBILITY
To use the Service, you must:
(a) Be at least 18 years of age; (b) Be a licensed real estate professional or authorized representative of a real estate brokerage, team, or related business, OR be otherwise engaged in real estate marketing; (c) Have the legal capacity to enter into a binding agreement; (d) Provide accurate, current, and complete registration information; (e) Not have been previously suspended or removed from the Service.
If you are using the Service on behalf of a brokerage, team, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.
3. ACCOUNT REGISTRATION AND SECURITY
3.1 Account Creation. You must create an Account to access the Service. You agree to provide accurate, complete, and current information during registration and to update such information as needed.
3.2 Account Security. You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You must immediately notify us of any unauthorized use of your Account.
3.3 One Account Per Person. Each User may maintain only one Account. Agents on a Team/Brokerage Plan may not simultaneously maintain a separate individual Account for the same person.
3.4 Account Ownership. Individual plan Accounts are owned by the User. For Team/Brokerage Plans, the Admin controls billing and team membership, but each Agent retains ownership of their User Content and Brand Kit data, subject to the Admin's compliance and moderation settings.
4. THE SERVICE
4.1 Platform Overview. BrandToClose provides an AI-powered marketing platform for real estate professionals that includes:
- Brand identity creation and management (Brand Kit, Voice & Tone, Strategy Playbook)
- AI-generated social media content, captions, and marketing copy
- Listing marketing kits and property websites
- Social media scheduling and publishing to connected accounts
- Content calendar and workflow management
- Print marketing design (flyers, postcards, door hangers, EDDM)
- Agent website creation and hosting
- Analytics and performance reporting
- Custom template uploads and management
- Team/brokerage management and compliance tools
4.2 Brandon AI Engine. Brandon is an AI assistant that generates marketing content, recommendations, and insights based on your Brand Kit, Voice & Tone settings, Strategy Playbook, and listing data. Brandon's outputs are suggestions and automated content — you are responsible for reviewing, approving, and publishing all Generated Content.
4.3 Service Availability. We strive to maintain the Service's availability but do not guarantee uninterrupted or error-free operation. We may temporarily suspend access for maintenance, updates, or other operational reasons with reasonable notice when possible.
4.4 Service Modifications. We reserve the right to modify, update, or discontinue features of the Service at any time. Material changes that negatively impact your use will be communicated with at least 30 days' notice.
5. SUBSCRIPTION PLANS AND BILLING
5.1 Plans. The Service is offered on a subscription basis. Current plans, pricing, and features are displayed on our website and may be updated from time to time.
5.2 Free Trial. We may, at our sole discretion, offer a free trial period for the Service. If offered, the specific duration and terms of the free trial will be communicated at the time of enrollment. At the end of any free trial, your Account will convert to a paid subscription unless you cancel before the trial period ends. We will notify you before your trial expires.
5.3 Billing. Subscription fees are billed in advance on a monthly or annual basis, depending on the plan you select. Payment is due at the start of each billing cycle. All fees are stated in U.S. dollars.
5.4 Payment Methods. You authorize us to charge your designated payment method for all applicable fees. You are responsible for keeping your payment information current.
5.5 Price Changes. We may adjust subscription pricing with at least 30 days' prior written notice. Price changes take effect at the start of your next billing cycle following the notice period. If you do not agree to a price change, you may cancel your subscription before the new price takes effect.
5.6 Taxes. All fees are exclusive of applicable taxes. You are responsible for any sales tax, use tax, VAT, or other taxes imposed on your subscription, except for taxes based on our net income.
5.7 Team/Brokerage Billing. For Team/Brokerage Plans, the Admin is responsible for all billing. Fees are calculated based on the number of active Agent seats. Adding or removing seats adjusts the billing amount on a prorated basis.
5.8 Failed Payments. If a payment fails, we will attempt to process it again and notify you. If payment remains unsuccessful after reasonable attempts, we may suspend or terminate your Account.
6. CANCELLATION AND REFUNDS
6.1 Cancellation by You. You may cancel your subscription at any time through your Account settings or by contacting us at [email protected]. Cancellation takes effect at the end of your current billing period. You will retain access to the Service until the end of the paid period.
6.2 No Prorated Refunds. We do not provide prorated refunds for partial billing periods. If you cancel mid-cycle, you continue to have access through the remainder of that billing period.
6.3 Annual Subscriptions. Annual subscriptions may be canceled at any time, but no refund will be issued for the remaining months of the annual term. Access continues through the end of the paid annual period.
6.4 Data After Cancellation. After cancellation and the end of your billing period, your Account will be deactivated. We will retain your data for 90 days, during which you may request an export of your User Content. After 90 days, your data may be permanently deleted. Generated Content published to third-party platforms (e.g., social media) will remain on those platforms per their respective terms.
6.5 Refund Exceptions. We may, at our sole discretion, issue refunds in cases of documented service outages exceeding 72 continuous hours or billing errors.
7. INTELLECTUAL PROPERTY
7.1 Our IP. The Service, including its design, features, code, algorithms, Brandon AI engine, templates, documentation, and branding, is owned by BrandToClose LLC and protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service.
7.2 Your User Content. You retain all ownership rights to your User Content (photos, logos, brand assets, listing data, and other materials you upload or provide). By uploading User Content, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, store, process, display, and transmit your User Content solely for the purpose of operating and providing the Service to you.
7.3 Generated Content. Content generated by Brandon or other AI features of the Service is created for your use. Upon generation, you are granted a perpetual, non-exclusive, worldwide license to use, modify, publish, and distribute Generated Content for your personal and professional marketing purposes. We retain no ownership claim over Generated Content once delivered to you.
7.4 Templates. BrandToClose-provided templates are licensed to you for use within the Service. You may use template-based output in your marketing materials. You may not resell, redistribute, or sublicense the templates themselves.
7.5 Custom Templates. If you upload your own custom templates, you retain full ownership. By uploading, you grant us the same limited license described in Section 7.2 to process and render them within the Service.
7.6 User Content Responsibility. You are solely responsible for all User Content and Generated Content that you publish, distribute, or make available through the Service or through third-party platforms via the Service. This includes, without limitation, social media posts, listing information, property descriptions, comments, images, videos, website content hosted on our infrastructure, print materials, and any other content created, uploaded, or published using our technology. BrandToClose does not endorse, verify, or assume any liability for User Content or Generated Content. We act solely as a technology provider and are not the publisher or author of content created or distributed by Users through the Service.
7.7 Feedback. If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation or attribution.
7.8 AI Training. We do not use your User Content, brand data, or Generated Content to train AI models for other customers. Your data is used only to provide and improve the Service for you.
8. SOCIAL MEDIA AND THIRD-PARTY INTEGRATIONS
8.1 Connected Accounts. The Service allows you to connect third-party social media accounts (e.g., Instagram, Facebook, LinkedIn, TikTok) and other integrations. By connecting these accounts, you:
(a) Authorize BrandToClose to publish, schedule, and manage content on your behalf through these platforms; (b) Represent that you have the authority to connect and authorize these accounts; (c) Acknowledge that your use of third-party platforms is also governed by their respective terms of service and privacy policies.
8.2 Third-Party Responsibility. We are not responsible for the actions, policies, content moderation, or outages of any third-party platform. If a third-party platform suspends, restricts, or modifies your account or content, we bear no liability.
8.3 Content Compliance. You are solely responsible for ensuring that all content published through the Service to third-party platforms complies with those platforms' terms of service, community guidelines, and advertising policies.
8.4 Disconnection. You may disconnect third-party accounts at any time through your Account settings. Disconnecting does not retroactively remove content already published to those platforms.
9. REAL ESTATE COMPLIANCE
9.1 Licensing. You represent and warrant that you hold all licenses, permits, and authorizations required to practice real estate in your jurisdiction(s) and to market the properties listed on the Service.
9.2 Fair Housing. You agree to comply with all applicable fair housing laws, including the Federal Fair Housing Act, state, and local fair housing regulations, in all content and marketing activities conducted through the Service. You will not use the Service to create, publish, or distribute content that discriminates based on race, color, religion, sex, national origin, familial status, disability, or any other protected class.
9.3 Advertising Disclosures. You are solely responsible for including all required disclosures in your marketing materials, including but not limited to brokerage name, license numbers (e.g., DRE#), equal housing opportunity statements, and any other disclosures required by your state licensing board, MLS, or brokerage.
9.4 MLS Compliance. You are responsible for complying with your MLS rules regarding property data, photos, and marketing. BrandToClose does not access MLS data directly and makes no representations about MLS compliance of your content.
9.5 Brokerage Compliance Tools. Admins on Team/Brokerage Plans may enable compliance settings (e.g., mandatory disclaimers, logo requirements, content approval workflows). Agents on such plans agree to comply with their Admin's compliance settings.
9.6 Brandon Content Review. While Brandon is designed to generate compliant marketing content, AI-generated content may not account for all jurisdiction-specific regulations. You are responsible for reviewing all Generated Content for regulatory compliance before publishing.
10. ACCEPTABLE USE
You agree not to:
(a) Use the Service for any unlawful purpose or in violation of any applicable law or regulation; (b) Upload, create, or distribute content that is defamatory, obscene, fraudulent, misleading, or infringes on any third party's rights; (c) Misrepresent property information, pricing, availability, or any material facts in listing content; (d) Attempt to reverse-engineer, decompile, or extract source code from the Service or the Brandon AI engine; (e) Use automated scripts, bots, or scrapers to access the Service except through our published APIs; (f) Share login credentials with others or allow unauthorized access to your Account; (g) Interfere with, disrupt, or attempt to gain unauthorized access to the Service's infrastructure; (h) Use the Service to send spam, unsolicited communications, or bulk messages; (i) Resell, sublicense, or provide access to the Service to third parties without our written consent; (j) Upload content containing malware, viruses, or other harmful code; (k) Use the Service in a manner that violates fair housing laws or discriminates against any protected class; (l) Impersonate another person, agent, brokerage, or entity; (m) Circumvent any usage limits, security features, or access controls.
11. WEBSITES AND HOSTING
11.1 Agent and Listing Websites. The Service may provide website creation and hosting for agent websites and listing websites. These websites are hosted on BrandToClose infrastructure and are subject to these Terms.
11.2 Custom Domains. You may connect custom domains to your websites. You are responsible for domain registration, DNS configuration, and renewal. We are not responsible for domain expiration or misconfiguration.
11.3 Website Availability. We make commercially reasonable efforts to maintain website uptime but do not guarantee 100% availability. Websites are provided "as is" as part of your subscription.
11.4 Website Content. You are solely responsible for all content displayed on your websites, including property details, photos, agent information, and disclaimers.
11.5 Post-Cancellation. Websites hosted through the Service will be taken offline when your subscription ends (after the data retention period described in Section 6.4). We recommend maintaining your own domain registration and pointing it elsewhere before cancellation.
12. PRINT MARKETING
12.1 Digital Files. The Service allows you to design print marketing materials (flyers, postcards, door hangers, EDDM, brochures). You may download these as digital files for printing through your own vendors.
12.2 Print Fulfillment. If we offer integrated print ordering and fulfillment (current or future), such services may be provided through third-party vendors. Print quality, shipping, and delivery are subject to the applicable vendor's terms and policies.
12.3 Print Compliance. You are responsible for ensuring that all print materials comply with USPS requirements (for EDDM), local advertising regulations, and any applicable brokerage or MLS rules.
13. DATA AND ANALYTICS
13.1 Analytics Data. The Service provides analytics based on data collected from your connected social accounts, websites, and platform activity. Analytics are provided for informational purposes and may not be perfectly accurate.
13.2 Third-Party Data. Analytics that rely on data from third-party platforms (e.g., social media engagement metrics) are subject to those platforms' data availability and accuracy. We are not responsible for discrepancies between our reporting and third-party platform reporting.
13.3 Tracking Pixels. You may configure third-party tracking pixels (e.g., Google Analytics, Meta Pixel) on your websites. You are responsible for compliance with applicable privacy laws when using tracking technologies, including obtaining necessary consents.
14. TEAM AND BROKERAGE PROVISIONS
14.1 Admin Authority. By designating an Admin on a Team/Brokerage Plan, the entity represented by the Admin acknowledges that the Admin has authority to:
(a) Add and remove Agents from the plan; (b) Manage billing and subscription settings; (c) Set and enforce brand compliance rules; (d) View analytics and content across all Agents on the plan; (e) Enable or disable content approval workflows.
14.2 Agent Rights on Team Plans. Agents on a Team/Brokerage Plan:
(a) Retain ownership of their User Content and personal Brand Kit; (b) May be subject to content approval workflows set by the Admin; (c) May be subject to brand compliance rules (disclaimers, logo requirements, color restrictions) set by the Admin; (d) Do not have access to billing or team management features.
14.3 Agent Departure. If an Agent is removed from a Team/Brokerage Plan, they may transition to an individual plan to retain their Account and data. If they do not subscribe individually within 30 days of removal, their Account will be deactivated and subject to the data retention policy in Section 6.4.
14.4 Admin Responsibility. The Admin and the entity they represent are responsible for ensuring that all Agents on the plan comply with these Terms. We may suspend or terminate the entire Team/Brokerage Plan if repeated violations occur.
15. LIMITATION OF LIABILITY
15.1 Disclaimer. THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
15.2 AI Content Disclaimer. BRANDON AND OTHER AI FEATURES GENERATE CONTENT BASED ON ALGORITHMS AND THE DATA YOU PROVIDE. WE DO NOT GUARANTEE THAT GENERATED CONTENT WILL BE ACCURATE, COMPLETE, SUITABLE, COMPLIANT WITH ANY LAW OR REGULATION, OR FREE OF ERRORS. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND APPROVING ALL CONTENT BEFORE PUBLICATION.
15.3 No Guarantee of Results. WE DO NOT GUARANTEE ANY SPECIFIC MARKETING RESULTS, LEAD GENERATION, ENGAGEMENT METRICS, SALES, OR BUSINESS OUTCOMES FROM USING THE SERVICE.
15.4 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDTOCLOSE'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM.
15.5 Exclusion of Damages. IN NO EVENT SHALL BRANDTOCLOSE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.6 User Content. BRANDTOCLOSE IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT CREATED, UPLOADED, PUBLISHED, OR DISTRIBUTED BY USERS THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO SOCIAL MEDIA POSTS, PROPERTY LISTINGS, COMMENTS, WEBSITE CONTENT HOSTED ON OUR INFRASTRUCTURE, PRINT MATERIALS, OR ANY OTHER CONTENT PRODUCED USING OUR TECHNOLOGY. USERS ARE SOLELY RESPONSIBLE FOR THE ACCURACY, LEGALITY, AND APPROPRIATENESS OF ALL CONTENT THEY CREATE OR PUBLISH. BRANDTOCLOSE ACTS AS A TECHNOLOGY PLATFORM AND IS NOT THE PUBLISHER, AUTHOR, OR SPEAKER OF USER-GENERATED CONTENT.
15.7 Third-Party Actions. We are not liable for actions taken by third-party platforms (including social media networks) that affect your content, accounts, or marketing activities.
16. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless BrandToClose LLC, its members, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your use of the Service; (b) Your User Content; (c) Your violation of these Terms; (d) Your violation of any applicable law or regulation, including fair housing laws, real estate licensing requirements, and advertising regulations; (e) Any claim by a third party related to content you published through the Service; (f) Your connection of third-party accounts and any resulting actions on those platforms.
17. TERMINATION
17.1 Termination by Us. We may suspend or terminate your Account and access to the Service at any time if:
(a) You violate these Terms; (b) You engage in fraudulent, illegal, or harmful activity; (c) Your payment is delinquent and remains unresolved after notice; (d) We are required to do so by law; (e) We cease offering the Service (with reasonable notice).
17.2 Effect of Termination. Upon termination, your right to use the Service immediately ceases. Sections 7, 15, 16, 18, and 19 survive termination.
17.3 Data Export. Upon termination (whether by you or by us), you may request an export of your User Content within the 90-day retention period described in Section 6.4.
18. DISPUTE RESOLUTION
18.1 Governing Law. These Terms are governed by the laws of the State of California, without regard to conflict of law principles.
18.2 Informal Resolution. Before filing any formal dispute, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
18.3 Arbitration. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration administered by JAMS in accordance with its Streamlined Arbitration Rules. The arbitration shall take place in Santa Clara County, California. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
18.4 Class Action Waiver. YOU AGREE THAT ANY CLAIMS SHALL BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.
18.5 Small Claims Exception. Notwithstanding the above, either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.
19. GENERAL PROVISIONS
19.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and BrandToClose regarding the Service and supersede all prior agreements and understandings.
19.2 Amendments. We may update these Terms from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
19.3 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
19.4 Waiver. Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
19.5 Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, reorganization, or sale of substantially all of our assets.
19.6 Notices. We may provide notices to you via email, in-app notification, or through your Account. Notices to us should be sent to [email protected] or:
BrandToClose LLC 3400 Cottage Way, Ste G2 #35052 Sacramento, California 95825
19.7 Force Majeure. We shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, government actions, internet outages, or third-party service failures.
19.8 Independent Contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and BrandToClose.
20. CONTACT US
If you have questions about these Terms, please contact us at:
Email: [email protected]