Call4Close – Terms of Service & Legal Disclosures
Program Name: Call4Close
Operating Entity: StartByLearning, LLC ("Company"), doing business as Call4Close
Effective Date: April 25, 2026
Last Updated: April 25, 2026
Support Contact: [email protected] | 919-391-8268IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE ("AGREEMENT") CAREFULLY BEFORE REGISTERING FOR OR USING ANY CALL4CLOSE SERVICES. BY CLICKING "I AGREE," COMPLETING REGISTRATION, OR USING THE SERVICE IN ANY WAY, YOU ("USER" OR "REALTOR") AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT IN ITS ENTIRETY.1. Cookie Consent & Website Tracking NoticeWhen you first visit the Call4Close website, you will be presented with a cookie preference notice. This section explains what that means and your rights.1.1 What Cookies Are Used
The Company uses the following categories of cookies:
- Strictly Necessary Cookies – Required for basic site functionality (login sessions, security). These cannot be disabled.
- Analytics/Performance Cookies – Help understand how visitors use the site. Enabled only with your consent.
- Marketing/Targeting Cookies – Track activity to serve relevant advertising. Enabled only with your explicit consent.1.2 Your Consent Choices
- You may accept all, reject non-essential, or customize cookie preferences at any time via the "Cookie Settings" link in the site footer.
- Withdrawing or changing consent will not affect the lawfulness of any prior processing.
- The Company uses a third-party Consent Management Platform (CMP) to capture, record, and honor your cookie choices.1.3 U.S. Compliance Note
If you are a California resident, you have the right to opt out of the "sale" or "sharing" of your personal information under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). A "Do Not Sell or Share My Personal Information" link is available in the site footer. The Company does not currently direct marketing to users in the European Union; however, if such traffic is received, GDPR opt-in standards will be honored. Cookie consent is managed through the Company's CMP tool, which handles jurisdiction-based logic without requiring custom consent copy for each state or country.2. Definitions- Company - StartByLearning, LLC d/b/a Call4Close
- Service -The missed-call capture, text message response, lead handling, and realtor alert platform operated by the Company
- User / Realtor -Any licensed real estate professional or business entity who registers for and uses the Service
- Customer - A third-party member of the public who contacts a User via the Service (e.g., a home buyer or seller calling a realtor's forwarded number)
- Platform -All software, systems, workflows, communications infrastructure, and messaging numbers used to deliver the Service, the composition and ownership of which are proprietary to and controlled exclusively by the Company
- Third-Party Providers - External technology and infrastructure services integrated into the Platform, the identities of which are proprietary to the Company
- Service Numbers- Messaging and communications numbers assigned by the Company to support a User's account within the Platform. Service Numbers are owned and controlled exclusively by the Company and are not transferred to or owned by the User3. Eligibility & Registration3.1 Eligibility Requirements
To use the Service, you must:
- Be a licensed real estate agent, broker, or brokerage operating in the United States
- Be at least 18 years of age
- Have the legal authority to enter into binding contracts
- Maintain a valid, active real estate license in your state of operation3.2 Accurate Information
You agree to provide accurate, current, and complete information during registration and to update such information promptly if it changes. The Company reserves the right to suspend or terminate accounts found to contain false or misleading information.3.3 Account Security
You are responsible for all activity that occurs under your account. You agree to maintain the confidentiality of your login credentials and to notify the Company immediately of any unauthorized use of your account.4. Description of Service4.1 What the Service Does
Call4Close provides a missed-call capture and response system. When a User's forwarded number receives a missed call, the Platform sends a text message response to the caller, captures replies, processes the lead, and notifies the User via alerts and activity reports.4.2 Number Ownership & Control
All messaging and communications numbers used to deliver the Service ("Service Numbers") are owned, provisioned, and exclusively controlled by the Company. Users are granted access to the Service as a whole — they do not receive ownership of, independent access to, or direct control over any specific Service Number. Service Numbers may be reassigned, replaced, or retired by the Company at any time in its sole discretion. Users have no independent right to use any Service Number outside of the Service workflow provided by the Company, and no Service Number shall be ported, transferred, or assigned to any User upon cancellation or termination of this Agreement.4.3 What the Service Does NOT Do or Guarantee
The Service:
- Does not guarantee lead conversion, sales, commissions, or business outcomes of any kind
- Does not guarantee delivery of any specific text message to any specific recipient
- Does not guarantee real-time notification or zero-latency alert delivery
- Does not operate as a licensed real estate brokerage, referral service, mortgage broker, or settlement service provider
- Does not provide legal, financial, or real estate licensing advice5. SMS Messaging Program TermsThis section satisfies A2P 10DLC carrier registration requirements and industry standards for SMS programs.5.1 Program Name & Description
Program Name: Call4Close
Program Description: Call4Close provides a missed-call capture and response service for licensed real estate professionals. When a Customer calls a User's forwarded number and the call is not answered, the Platform sends the Customer a text message on behalf of the User. The purpose of these messages is solely to capture inbound real estate inquiries and facilitate contact between the Customer and the User's real estate business.5.2 Message Frequency
Message frequency varies based on inbound call and reply activity. Customers may receive an initial text message when a missed call occurs, and additional messages may follow in response to Customer replies within the same inquiry thread. The Company does not send unsolicited outbound marketing messages to Customers.5.3 Message & Data Rates
Message and data rates may apply. Standard carrier messaging rates may be charged by the Customer's mobile carrier for messages sent and received through this program.5.4 Opt-Out Instructions
To stop receiving text messages from this program at any time, reply STOP to any message received. Upon receipt of STOP, the Platform will immediately cease all further text message communications to that number and send a one-time confirmation of opt-out. No further messages will be sent after opt-out is confirmed.5.5 Help & Support
For help or more information about this program, reply HELP to any message received, or contact the Company directly:Email: [email protected]
Mailing Address: 1457 Kelly Rd., #138, Apex, NC 27502Support is available during normal business hours. The Company will make commercially reasonable efforts to respond to support inquiries within 2 business days.5.6 No Third-Party Marketing Sharing
Phone numbers and Customer interaction data collected through this SMS program will not be shared with third parties for marketing or promotional purposes. See Section 8 (Data, Privacy & Confidentiality) for full details.6. Real Estate Regulatory Compliance6.1 RESPA Compliance – No Referral Fees
The Company does not pay, receive, or facilitate referral fees, kickbacks, or anything of value in connection with real estate transactions or the referral of settlement service business. The Service is a technology platform only. Under Section 8 of the Real Estate Settlement Procedures Act (RESPA), it is a federal violation to pay or receive a fee or kickback in exchange for a referral of real estate settlement service business. The Company's lead capture mechanism is designed solely to help Users respond to their own inbound inquiries — it does not route or sell leads to third parties.6.2 TCPA Compliance – User Responsibility
The Telephone Consumer Protection Act (TCPA) governs business SMS and voice communications sent through technology platforms. Users, not the Company, are solely responsible for ensuring TCPA compliance in their use of the Service, including:- Ensuring that any Customer who receives a Platform-initiated SMS response has provided express written consent to receive such communications from the User
- Including required opt-in disclosures on any lead capture forms that route to the Service
- Complying with applicable state laws, which in states such as Florida, Oklahoma, and Washington impose stricter consent and messaging requirementsTCPA violations carry civil penalties of $500 to $1,500 per message. The Company shall have no liability for User's failure to comply with TCPA, FCC rules, or any applicable state telemarketing laws.6.3 Caller Disclosure Requirement
Users are required to include a disclosure on their business materials — including but not limited to their website, business cards, and voicemail greeting — informing callers that they may receive a text message response to their inbound call. This disclosure must be in place prior to activating the Service and must remain in place for the duration of the User's subscription. A recommended disclosure statement is: "By calling this number, you may receive a text message response on behalf of [Agent Name]." Failure to maintain this disclosure is a violation of this Agreement and may result in immediate account termination without refund.6.4 SMS Opt-Out — Platform-Level Requirement
The Platform honors industry-standard SMS opt-out keywords including STOP, CANCEL, and UNSUBSCRIBE at the system level, as required by carrier regulations and federal law. When a Customer sends STOP or any recognized opt-out keyword, the Platform will cease further SMS communications to that Customer's number and send a one-time opt-out confirmation. Users may not override, circumvent, or disable this opt-out mechanism. Users are responsible for ensuring their lead capture processes include proper opt-in disclosures that inform Customers of the SMS nature of the communications and their right to opt out at any time.6.5 FCC 1:1 Consent Rule (Effective January 27, 2025)
Effective January 27, 2025, the FCC adopted rules requiring one-to-one consent for technology-initiated lead outreach — meaning a consumer must expressly authorize the specific business (i.e., the User's brokerage or team) to contact them. Users are responsible for ensuring that all Customer interactions routed through the Service comply with this rule. The Company does not pre-screen or guarantee consent validity on behalf of Users.6.6 State Real Estate License Law
Users must comply with all applicable state real estate license laws and National Association of REALTORS® (NAR) ethics standards, including rules governing electronic communications, lead management, and client identification.7. Third-Party Service Dependencies & Uptime Disclaimer7.1 Third-Party Providers
The Platform relies on third-party technology and infrastructure providers whose identities are proprietary to the Company. The Company does not control, warrant, or guarantee the performance, availability, or continued operation of any Third-Party Provider. Such providers maintain their own published service level agreements and uptime commitments; however, the Company makes no independent representation or guarantee as to the actual availability of any such provider.7.2 No Uptime Guarantee
The Company makes no guarantee of 100% uptime or continuous availability of the Service. The Platform may experience interruptions due to:
- Outages, maintenance, or failures at any Third-Party Provider
- Carrier-level SMS filtering, blocking, or routing failures
- Internet infrastructure disruptions
- Scheduled or emergency maintenance performed by the Company or its providers
- Force majeure events (natural disasters, cyber attacks, government actions, etc.)7.3 Call Forwarding & Messaging Failure
Users acknowledge and agree that:
- Text messages may fail to send, fail to deliver, or be filtered by mobile carriers
- Call forwarding may fail due to carrier routing issues or configuration errors
- Platform-generated responses may be delayed, incorrect, or unavailable
- Alert notifications to Users may be delayed or undelivered
The Company shall not be liable for any lost lead, missed inquiry, failed text message, failed call, or missed notification — regardless of cause.8. Data, Privacy & Confidentiality8.1 Data Collected
The Company collects and stores data including but not limited to:
- User registration information (name, email, phone, brokerage, license number)
- Inbound caller phone numbers and timestamps
- SMS conversation transcripts between Customers and the Platform
- Lead records and summaries generated by the Platform
- Usage and activity logs8.2 No Sale of User or Customer Data for Marketing
The Company will not sell, rent, lease, or transfer User registration data or Customer interaction data to any third party for marketing, advertising, or commercial solicitation purposes. This commitment applies to:
- User's personal contact and brokerage information
- The content of SMS exchanges between the Platform and a User's Customers
- Lead data, phone numbers, and caller identity information8.3 Internal Business Use
User and Customer data may be retained and used by the Company for its own internal business purposes, including:
- Platform improvement and development
- Customer support and dispute resolution
- Billing, compliance, and legal recordkeeping
- Enforcing this Agreement8.4 No Guarantee of Data Security
The Company implements commercially reasonable administrative, technical, and physical safeguards to protect stored data; however, the Company does not guarantee the security, integrity, or confidentiality of any data transmitted through or stored on the Platform. Users acknowledge that no internet-based system is fully secure and that data breaches, unauthorized access, or data loss may occur despite reasonable precautions. The Company shall not be liable for damages resulting from unauthorized access to or loss of User or Customer data unless caused by the Company's gross negligence or willful misconduct.8.5 Data Retention
The Company may retain User and Customer data for as long as the account is active and for a reasonable period thereafter, consistent with applicable law and the Company's internal data retention policy.8.6 Third-Party Data Handling
Data processed through Third-Party Providers is subject to those providers' own privacy policies and terms of service. The Company is not responsible for how Third-Party Providers handle, store, or process data.9. Subscription, Billing & Cancellation9.1 Free Trial
New Users receive a 30-day free trial beginning on the date of account activation. No charges are assessed during the trial period. By providing valid payment information at registration, the User authorizes the Company to begin billing at the conclusion of the trial if the User has not cancelled.9.2 Subscription Fees
Following the trial period, the Service is provided on a recurring monthly subscription basis. The applicable fee is disclosed at registration and may be updated by the Company upon 30 days' prior written notice to the User's registered email address.
9.3 Billing Cycle & Auto-Renewal
Monthly fees are billed at the beginning of each billing cycle. Subscriptions automatically renew monthly unless cancelled by the User prior to the renewal date.9.4 No Pro-Rated Refunds
If a User cancels their subscription, no refund will be issued for any portion of the current monthly billing period already paid. Cancellation takes effect at the end of the current billing cycle, and no further charges will be assessed for subsequent months.9.5 Billing Errors
If the Company fails to stop billing after a valid cancellation, the User's sole remedy is to contact the Company in writing to request a refund of incorrectly charged amounts. The Company will process confirmed erroneous charges within a reasonable time. The User agrees that such billing errors are not grounds for legal action, lawsuit, arbitration, or damages claims beyond the actual amount incorrectly billed.9.6 Payment Failure & Service Termination
If the Company is unable to collect any applicable fee after reasonable collection attempts, the Company reserves the right to immediately suspend or permanently terminate the User's access to the Service. The Company will make a reasonable effort to notify the User of a pending payment failure via the registered email address; however, delivery of such notification is not guaranteed. Termination of service due to payment failure does not entitle the User to a refund of any previously collected fees.9.7 Price Changes
The Company reserves the right to change subscription pricing with 30 days' advance notice. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.10. Service Activation10.1 Activation Timeframe
The Company will use commercially reasonable efforts to activate the Service within 1 business day of successful registration and payment setup. In no event does the Company guarantee activation in fewer than 1 business day, and activation may take up to 5 business days depending on technical requirements and carrier provisioning processes. This timeline is an estimate, not a guarantee.10.2 No Liability for Activation Delays
The Company shall not be liable for any business losses, missed leads, or damages arising from delays in Service activation, including delays caused by Third-Party Provider provisioning timelines or carrier registration requirements.11. Limitation of Liability11.1 Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED OR ERROR-FREE OPERATION. THE COMPANY DOES NOT WARRANT THAT THE SERVICE WILL MEET USER'S REQUIREMENTS OR THAT ANY DEFECTS WILL BE CORRECTED.11.2 Exclusion of Consequential Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:
- Lost profits, commissions, or revenue
- Loss of leads, prospects, or sales opportunities
- Lost business or contracts
- Loss of data or records
- Business interruption
- Reputational harm
EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.11.3 Liability Cap
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO USER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY USER TO THE COMPANY IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.11.4 Specific Exclusions
Without limiting the foregoing, the Company is expressly not liable for:
- Failure or unavailability of any Third-Party Provider or technology infrastructure
- Text messages that are undelivered, delayed, filtered, or blocked by carriers
- Loss of any lead, inquiry, or Customer interaction due to system failure
- Unauthorized access to, corruption of, or loss of User or Customer data
- Inaccuracies in lead records or summaries generated by the Platform
- Actions taken or not taken by User in reliance on the Service12. IndemnificationUser agrees to defend, indemnify, and hold harmless the Company, StartByLearning LLC, and their respective owners, officers, employees, contractors, agents, and affiliates from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- User's use or misuse of the Service
- User's violation of this Agreement
- User's violation of any applicable law, including TCPA, RESPA, state real estate license law, or data privacy law
- User's failure to maintain required caller disclosures on business materials as required under Section 6.3
- User's interactions with their Customers via the Platform
- Any claim brought by a third party (including Customers or regulatory agencies) arising from User's use of the Service13. Acceptable Use PolicyUsers agree NOT to use the Service to:
- Send unsolicited, non-consensual, or spam SMS messages in violation of TCPA or CAN-SPAM
- Engage in unlicensed real estate activity, referral fee arrangements, or kickback schemes in violation of RESPA
- Harass, threaten, or deceive Customers
- Collect or process sensitive personal data (medical, financial, social security numbers) through the Platform
- Circumvent, disable, or reverse-engineer any security or technical feature of the Platform
- Attempt to route independent traffic, third-party campaigns, bulk messaging, or any communications unrelated to inbound lead capture through any Service Number, whether directly or indirectly
- Request or instruct the Company to send messages on the User's behalf for any purpose other than inbound lead capture and related communications within the Service workflow
- Use the Service for any purpose other than legitimate real estate lead capture and related communications
The Company reserves the right to immediately terminate any account found to be in violation of this section without refund.14. Intellectual PropertyAll software, code, systems, interface design, branding, content, and Service Numbers on the Platform are the exclusive property of StartByLearning, LLC d/b/a Call4Close. Users are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for their own business purposes during the term of this Agreement. No ownership rights are transferred to the User. Users may not copy, sublicense, distribute, reverse-engineer, or commercially exploit any part of the Platform without prior written consent of the Company.15. Term & Termination15.1 Term
This Agreement is effective upon User's registration and continues on a month-to-month basis until terminated by either party.15.2 Termination by User
Users may cancel at any time by contacting the Company via email or through the Company's designated cancellation process. Cancellation takes effect at the end of the current billing period.15.3 Termination by Company
The Company may suspend or terminate any account at any time, with or without notice, for:
- Violation of this Agreement or any applicable law
- Non-payment of fees
- Failure to maintain required caller disclosures as specified in Section 6.3
- Activity that poses legal, regulatory, reputational, or operational risk to the Company or Platform15.4 Effect of Termination
Upon termination, User's access to the Platform will cease. No Service Number will be ported or transferred to the User. The Company may retain User and Customer data in accordance with Section 8.5 and applicable law. Sections 6, 8, 11, 12, 16, 17, and 18 of this Agreement survive termination.16. Dispute Resolution & Arbitration16.1 Mandatory Arbitration
Any and all disputes, claims, or controversies arising out of or relating to this Agreement, the Service, or the Company shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, and not in any court of law or equity except as provided herein.16.2 Waiver of Class Action
USER WAIVES ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AGAINST THE COMPANY. All claims must be brought in the User's individual capacity.16.3 Governing Law & Venue
This Agreement is governed by the laws of the State of North Carolina, without regard to its conflict of law principles. To the extent court proceedings are permitted or required under this Agreement, the parties consent to the exclusive jurisdiction of the state and federal courts of North Carolina.16.4 Small Claims Exception
Notwithstanding the above, either party may bring an individual claim in small claims court for disputes within that court's jurisdictional limit.16.5 Limitation Period
Any claim arising under this Agreement must be brought within one (1) year of the event giving rise to the claim or it is permanently barred.17. NoticesThe Company will communicate with Users via the registered email address on file. Notices sent by the Company are deemed delivered upon transmission, regardless of whether the email is actually received, opened, or read. The Company does not guarantee delivery of any notification, including payment failure alerts, service termination notices, or system maintenance warnings. Users are responsible for keeping their registered email address current.18. General Provisions18.1 Entire Agreement
This Agreement, together with the Company's Privacy Policy and any executed Order Forms, constitutes the entire agreement between the parties with respect to the Service and supersedes all prior agreements, representations, and understandings.18.2 Amendments
The Company reserves the right to modify this Agreement at any time. Updated terms will be posted at the Company's website with a revised "Last Updated" date. Continued use of the Service after the effective date of any modification constitutes acceptance of the new terms.18.3 Severability
If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.18.4 No Waiver
The Company's failure to enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.18.5 Assignment
The Company may assign this Agreement or any rights hereunder without User's consent. Users may not assign their rights or obligations under this Agreement without the Company's prior written consent.18.6 Force Majeure
The Company shall not be liable for any delay or failure to perform resulting from causes outside the Company's reasonable control, including natural disasters, internet outages, government actions, pandemics, or third-party infrastructure failures.19. Contact InformationFor questions, cancellation requests, billing disputes, or legal notices:StartByLearning, LLC d/b/a Call4Close
Email: [email protected]
Mailing Address: 1457 Kelly Rd., #138, Apex, NC 27502Annex A: Cookie Consent – Implementation NoteThe Company uses a third-party Consent Management Platform (CMP) installed on its website to manage cookie consent banners. The CMP handles jurisdiction-specific legal language, opt-in and opt-out mechanisms, and consent record-keeping. Users visiting from California will see an opt-out banner consistent with CCPA/CPRA requirements. The Company is responsible only for configuring cookie categories correctly and linking its Privacy Policy in the CMP settings.