These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "you") and John Horton ("we," "our," or "us"), governing your use of the Closing Day Pro mobile application ("App") available on the Apple App Store.
We reserve the right to update these Terms at any time. We will notify you of material changes by updating the "Last updated" date above. Continued use of the App after changes are posted constitutes your acceptance of the revised Terms.
Subject to your compliance with these Terms, John Horton grants you a limited, non-exclusive, non-transferable, revocable license to download and use the App on any Apple-branded device that you own or control, solely for your personal, non-commercial real estate transaction management purposes.
You may not:
Closing Day Pro offers a free tier with up to 2 active properties and paid subscription plans that unlock unlimited properties and full pipeline management.
Free Tier: Available at no cost with no time limit. Up to 2 active properties with full feature access.
Paid Subscriptions: Monthly ($9.99/month) and Annual ($84.99/year) plans are available. All purchases are processed by Apple through the App Store. By subscribing, you authorize Apple to charge your payment method on a recurring basis.
Auto-Renewal: Subscriptions automatically renew unless cancelled at least 24 hours before the end of the current billing period. Your account will be charged for renewal within 24 hours prior to the end of the current period at the same rate.
Cancellation: You may cancel your subscription at any time through your Apple ID account settings (Settings → [your name] → Subscriptions). Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial billing periods.
Price Changes: We reserve the right to change subscription prices. We will provide reasonable advance notice of any price changes. Your continued use of the App after a price change constitutes acceptance of the new price.
You retain full ownership of all data you enter into the App, including property addresses, client information, transaction dates, and financial figures ("Your Content"). All Your Content is stored locally on your device and within your private iCloud container.
You are solely responsible for the accuracy and legality of Your Content. You represent and warrant that Your Content does not violate any applicable law or the rights of any third party.
Because we do not store or access Your Content on our servers, we cannot recover Your Content if your device is lost, stolen, damaged, or if you delete the App.
The App is intended for use by licensed real estate professionals for lawful transaction management purposes. You agree not to use the App to:
The App, including its design, code, graphics, logos, and all other content (excluding Your Content), is owned by John Horton and is protected by United States and international intellectual property laws. All rights not expressly granted in these Terms are reserved.
The "Closing Day Pro" name and logo are trademarks of John Horton. You may not use these marks without prior written permission.
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, JOHN HORTON EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the App will be uninterrupted, error-free, or free of viruses or other harmful components. We do not warrant the accuracy, completeness, or usefulness of any information provided through the App.
The App is not intended to constitute legal, financial, or real estate advice. Always consult qualified professionals for legal and financial decisions related to real estate transactions.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JOHN HORTON BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE APP.
IN NO EVENT SHALL JOHN HORTON'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF THE APP EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR FIFTY DOLLARS ($50), WHICHEVER IS GREATER.
The following terms apply to your use of the App obtained from the Apple App Store and are required by Apple:
Acknowledgement. You and John Horton acknowledge that these Terms are concluded between you and John Horton only, and not with Apple. John Horton, not Apple, is solely responsible for the App and its content.
Scope of License. The license granted to you for the App is limited to a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
Maintenance and Support. John Horton is solely responsible for providing maintenance and support services with respect to the App. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Warranty. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be John Horton's sole responsibility.
Product Claims. John Horton, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation.
Intellectual Property Rights. In the event of any third-party claim that the App or your possession and use of the App infringes a third party's intellectual property rights, John Horton, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
Legal Compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
Third-Party Beneficiary. You and John Horton acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
We may terminate or suspend your access to the App immediately, without prior notice, if you breach these Terms or if we discontinue the App. Upon termination, your license to use the App ends immediately.
You may terminate these Terms at any time by deleting the App from all your devices and cancelling any active subscription. Sections covering Intellectual Property, Disclaimer of Warranties, Limitation of Liability, and Governing Law will survive termination.
These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the App shall be subject to the exclusive jurisdiction of the state and federal courts located in New Hanover County, North Carolina.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
If you have questions or concerns about these Terms, please contact us:
Questions about these Terms? Email us at jhorton@wilmington1.com