Terms of Service

Effective November 12, 2026

These Terms of Service ("Terms") govern your use of the ClosingDesk website at closingdesk.io and the deed-preparation, notarization-coordination, and county-recording workflow services we provide (collectively, the "Services"). By using the Services or paying for an order, you agree to these Terms.

1. What ClosingDesk is, and is not

ClosingDesk is a workflow automation service that helps property owners prepare deed documents from information they provide, coordinate notarization through third-party notary providers, and submit recorded deeds to county recorders. ClosingDesk is not a law firm, escrow agent, title insurance company, or licensed real estate broker. We do not provide legal, tax, or financial advice. We do not hold, move, or facilitate the transfer of any money between buyer and seller. We do not perform title searches or issue title insurance.

The deed documents we prepare are prepared by you, the customer, using our self-help document-assembly tools, at your direction and based on the information you provide. You are responsible for the accuracy, completeness, and legal effect of any document prepared using the Services.

2. States we do not serve

We do not provide deed-preparation services for properties located in Georgia, South Carolina, or North Carolina because those states' laws restrict non-attorney deed preparation. If you have a property in one of those states, please consult a real estate attorney licensed in that state. We may decline service to additional states at any time without notice.

3. Eligibility

You must be at least 18 years old and legally able to enter into binding contracts to use the Services. You represent that all information you provide is true, accurate, and current; that you have the legal right to transfer the property described in your order; and that you are not subject to any court order, lien, or other restriction that would prohibit the transfer.

4. Service fee + pass-through costs

Our service fee is a flat amount disclosed before you pay (currently $199 for a standard deed transfer). The service fee covers deed preparation, notary session coordination (video or mobile in-person depending on your state), and county recording coordination.

County recording fees and any state documentary stamp or transfer tax are paid through to the county at cost. We estimate these on the intake form before you pay. If the actual amount exceeds our estimate by more than $20, we will contact you for confirmation before submitting. If the actual amount is less, we will pass through the difference.

5. Order workflow + customer responsibilities

You agree to (a) review the draft deed we prepare and either approve it or request changes before notary signing; (b) participate in the notary session (video or in-person as required by your state); (c) provide truthful and accurate information about the parties, the property, and your authority to convey title; (d) consult an attorney or tax advisor if your situation is unusual (existing mortgage with due-on-sale clause, contested ownership, complex entity structures, parent-child transfers in California, homestead property in Florida or Texas, etc.).

6. Limitations of the Services

We do not (a) perform title searches; we do not verify the chain of title, search for liens or judgments, or confirm that the grantor holds clear title; (b) issue title insurance; (c) draft purchase agreements; (d) provide legal, tax, or financial advice; (e) handle money exchanged between buyer and seller; or (f) guarantee that any specific deed type is the right tool for your situation.

7. No attorney-client relationship

Use of the Services does not create an attorney-client relationship. Information provided through the Services or on closingdesk.io is general information, not legal advice. Each state has different deed requirements and tax rules. For any transaction with significant value, unusual structure, or any complicating factor, you should consult an attorney licensed in your state.

8. Payments

Payments are processed through Stripe. By submitting payment information, you authorize us (through Stripe) to charge the amount disclosed. If a payment is declined or reversed, we may suspend or cancel the related order. Card information is handled by Stripe under their security standards; ClosingDesk does not store full card numbers.

9. Refunds

See our Refund Policy for the full terms. Briefly: the service fee is refundable in full before we begin deed preparation, partially refundable once preparation has started, and non-refundable after the deed has been recorded.

10. Acceptable use

You agree not to use the Services to: commit fraud; transfer property you do not lawfully own; evade liens or judgments; defraud a creditor; conceal assets in a divorce, bankruptcy, or insolvency proceeding; effect a fraudulent conveyance under state or federal law; abuse a homestead exemption (for example, a last-minute transfer intended to defeat creditor claims); transfer property to qualify for Medicaid or other means-tested public benefits within the applicable lookback period; exercise undue influence over an elderly or incapacitated grantor; or violate any law. We may decline, hold, or cancel any order we reasonably believe involves any of those purposes, and we may report suspected fraud or elder financial abuse to law enforcement or Adult Protective Services as required.

11. Third-party services

The Services rely on third-party providers (notary platforms, e-recording vendors, payment processors). Those providers have their own terms and privacy practices. We are not responsible for delays, errors, or losses caused by third-party providers.

12. Disclaimer of warranties

The Services are provided "as is" and "as available" without warranty of any kind, express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that any deed prepared using the Services will be accepted by the county recorder.

13. Limitation of liability

To the maximum extent permitted by law, ClosingDesk's total liability for any claim arising from your use of the Services is limited to the amount you actually paid us for the Services in the 12 months preceding the claim. We are not liable for any indirect, incidental, consequential, special, or punitive damages, including without limitation lost profits, lost data, or damages from delayed recording or rejected filings.

14. Indemnification

You agree to indemnify and hold harmless ClosingDesk and its officers, employees, and agents from any claim arising from (a) your use of the Services, (b) any information you provided that turns out to be inaccurate or incomplete, (c) your breach of these Terms, or (d) your violation of any law in connection with a property transfer.

15. Consent to electronic records + signatures

The Services operate entirely by electronic means. By using the Services you consent, under the federal Electronic Signatures in Global and National Commerce Act (E-SIGN, 15 U.S.C. §§ 7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted in your state, to: (a) receive these Terms, our Privacy Policy, Refund Policy, order confirmations, status updates, draft deeds, recorded deeds, and any other disclosures or notices in electronic form; (b) sign agreements and acknowledgments electronically, including by clicking a "Pay," "Approve," or similar button; and (c) use electronic notarization (where permitted by your state) to execute the deed itself. You may withdraw this consent and request paper records by emailing support@closingdesk.io, but doing so will typically require us to cancel your order because the workflow cannot be completed on paper. To access and retain electronic records you need a modern web browser, an email account, a PDF reader, and the ability to receive email at the address you provide at intake.

16. Binding arbitration + class-action waiver

READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

Agreement to arbitrate. Any dispute, claim, or controversy arising out of or relating to the Services, these Terms, any order, any deed prepared using the Services, or any communication with ClosingDesk (each, a "Dispute") will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, instead of in court. This includes Disputes arising before the Effective Date of these Terms. The Federal Arbitration Act (9 U.S.C. §§ 1-16) governs the interpretation and enforcement of this section.

Class and representative action waiver. You and ClosingDesk each waive the right to participate in a class action, class arbitration, consolidated action, private attorney general action, or any other representative proceeding. The arbitrator may award relief only on an individual basis and may not consolidate claims of multiple claimants. If a court decides this class-action waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the rest of this Section 16 remains in effect.

Procedure. The arbitration will be conducted by a single arbitrator, in English, by video conference unless both parties agree otherwise. For claims of $25,000 or less, the arbitrator decides on documents only unless a party requests a hearing. The arbitrator has authority to award any relief a court could award on an individual basis, including monetary damages, injunctive relief, and declaratory relief. The arbitrator's award is final and binding, and may be entered as a judgment in any court of competent jurisdiction.

Fees. AAA's fee schedule governs. ClosingDesk will pay all AAA filing, administrative, and arbitrator fees for Disputes in which the amount in controversy is less than $10,000, unless the arbitrator determines the claim is frivolous.

Opt-out. You may opt out of this Section 16 by emailing support@closingdesk.io within 30 days of the date you first accept these Terms, including your order number and a clear statement that you are opting out of arbitration. Opting out does not affect any other provision of these Terms.

Carve-outs. Nothing in this Section prevents either party from: (a) bringing an individual action in small-claims court, so long as the action remains an individual action in that court; (b) seeking injunctive or equitable relief in court for intellectual property infringement; or (c) reporting unlawful activity to any government agency.

17. Governing law + venue for non-arbitrated claims

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-laws rules. For any claim that is not subject to arbitration under Section 16 (for example, small-claims actions or applications to enforce or vacate an arbitration award), the claim will be brought exclusively in the state or federal courts located in Page County, Virginia, or the Western District of Virginia, and both parties consent to personal jurisdiction in those courts.

18. Force majeure

ClosingDesk is not liable for any failure or delay caused by events outside our reasonable control, including: outages or policy changes by third-party providers (notary platforms, e-recording vendors, payment processors, hosting providers, email providers); county recorder office closures, backlogs, or system changes; acts of government, war, terrorism, civil unrest, strikes, pandemics, natural disasters, power or internet outages; or any force majeure event. In any such event we will make reasonable efforts to notify affected customers and resume the Services when possible.

19. Severability + entire agreement

If any provision of these Terms is held invalid or unenforceable, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect. These Terms, together with our Privacy Policy and Refund Policy, are the entire agreement between you and ClosingDesk regarding the Services and supersede any prior agreement or understanding.

20. Changes to these Terms

We may update these Terms at any time. The "Effective" date at the top will be updated when we do. Continuing to use the Services after a change means you accept the updated Terms. For material changes affecting active orders we will email registered customers with notice. Material changes to Section 16 (arbitration) do not apply to Disputes arising before the change.

21. Contact

Questions about these Terms: support@closingdesk.io.