Terms of Service
These Terms are an agreement between After Close, the company that runs the Afterclose service ("Afterclose", "we", "us"), and you, the person or business that opens an Afterclose account ("you", "the agent"). By creating an account, ticking the box that says you agree, or using Afterclose, you accept these Terms. If you are opening the account for a business, you confirm that you may bind that business, and "you" includes it. If you do not agree, do not use Afterclose.
Contents
- Who may use Afterclose
- What Afterclose is, and is not
- Your account
- Your data and your clients' data
- Messaging rules
- Afterclose text alerts (SMS terms)
- The browser extension
- Fees and payment
- Acceptable use
- Our property, your feedback
- Third-party services
- No warranties
- Limits on our liability
- Your responsibility for claims
- Ending the agreement
- Governing law and disputes
- Changes
- How to reach us
1. Who may use Afterclose
Afterclose is for licensed insurance producers and the businesses they work through, in the United States, who are at least 18 years old. You confirm that you hold the licenses your state requires for the business you do, that you keep them current, and that you will tell us if that changes. Afterclose is a tool for your own book of business: the clients you sold to and are responsible for servicing, and the people who were referred to you. It is not for purchased lead lists, for prospecting people you have no relationship with, or for any book you are not entitled to work.
2. What Afterclose is, and is not
Afterclose is software. It holds the book of business you bring to it, shows you figures about it such as your retention rate, lets you write and approve emails and texts to your own clients and sends them on your behalf, receives the replies, and gives you a public referral page. That is all it does.
Afterclose is independent. We are not an insurance company, agency, producer, administrator or adjuster. We do not sell, quote, underwrite, bind, service or adjust insurance, and nothing in Afterclose is insurance advice, legal advice, tax advice or compliance advice. We are not affiliated with, endorsed by, sponsored by or in a partnership, agency or joint venture with any insurance carrier, with USHEALTH Advisors, USHEALTH Group or any of their affiliates ("USHA"), or with any agency, field marketing organization or lead vendor. Any carrier, portal or product named on our site or in the application is named only to describe what Afterclose works with, and the name belongs to its owner. We have no access to any carrier's or USHA's systems, we receive no data from them, and we do not speak for them. The figures Afterclose shows you, including any retention or "taken rate" figure, are computed from the reports you provide using the rules you choose; they are not an official figure from any carrier or organization and may differ from what a carrier or organization reports.
3. Your account
You are responsible for keeping your password and your sync keys secret and for everything that happens under your account. Tell us at once if you believe someone else has used it. Each account is for one agent; a team leader may set up accounts for the agents on their team, and each of those agents then has their own account under these Terms. You may not share an account or let anyone who is not a licensed agent use yours. We may suspend an account to protect Afterclose, other agents, their clients or the public, and we will tell you why unless the law prevents us.
4. Your data and your clients' data
It is yours. You own the information you bring into Afterclose: your book, your notes, your messages, your referrals ("your data"). You give us only the permission we need to provide Afterclose to you: to store it, process it, display it to you, send what you approve and receive what comes back, and to keep the records the law requires. We do not sell your data, do not share it with carriers, USHA or anyone else except as our Privacy Policy describes, and do not use it to compete with you.
You brought it, so you vouch for it. You confirm that you have the right to hold every record you bring into Afterclose, to use it the way Afterclose uses it, and to contact the people it concerns in the ways you choose. You are the party who collected your clients' information and who decides what is done with it; Afterclose acts only on your instructions. You are responsible for its accuracy and for keeping it current, and you agree not to bring in information you are not permitted to hold, including information taken from a system you were not authorized to use.
Laws that apply to you. You alone are responsible for complying with the laws, rules and agreements that govern your business, including state insurance law and your license conditions, your agreements with any carrier, agency or USHA, the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and privacy laws, the carriers' messaging rules, and, where it applies to you, HIPAA and state health privacy law. Afterclose is built to make compliance easier (consent records, quiet hours, STOP handling, approval before anything sends), but having the tool is not the same as complying, and we do not and cannot advise you on what the law requires of you.
Our role. For your clients' information, you are the business or controller and Afterclose is solely your service provider or processor: we process it only on your instructions, only to provide Afterclose to you, never for our own purposes, and we do not sell it or share it except as the Privacy Policy describes.
Business associate terms. To the extent HIPAA applies to you and Afterclose acts as your business associate for protected health information you bring into Afterclose, these terms apply from the moment you accept this agreement at sign-up, before anything is uploaded: (a) we use and disclose that information only to provide Afterclose to you, as these Terms and the Privacy Policy allow, or as the law requires, and never in a way that you could not do yourself; (b) we use appropriate administrative, physical and technical safeguards, including encryption in transit and at rest, access logging and account separation, to protect it; (c) we report to you without unreasonable delay any use or disclosure not allowed by these terms and any security incident or breach of unsecured protected health information of which we become aware, with the detail you need to meet your own notification duties; (d) our subcontractors who handle that information are bound by the same obligations, and today our only such subcontractor is Amazon Web Services under a Business Associate Addendum; (e) we will make the information available to you so that you can meet an individual's rights of access, amendment and accounting of disclosures, and we will pass to you any such request we receive; (f) we will make our practices available to the Secretary of Health and Human Services if required to determine compliance; (g) when this agreement ends we will return or destroy that information as the Privacy Policy describes, keeping only what the law requires us to keep and protecting it for as long as we keep it; and (h) either of us may end this agreement if the other materially breaches these terms and does not cure the breach within 30 days of notice. If you need a separately signed business associate agreement, ask us and we will provide one on these same terms.
Your clients can reach us too. If one of your clients asks us to see, correct or delete their information or to stop hearing from you, we will pass the request to you and you agree to honor it as the law requires.
5. Messaging rules
Nothing reaches a client without your approval. Every account starts in test mode, in which every message goes only to you. You read the exact message that will send before you approve it, and you turn automation on for your own account when you are ready. You may pause or stop all sending at any time with one switch, and we may do the same for everyone if we see a problem. We cap how many messages an account can send in a day.
You agree that you will text only people whose consent you have recorded in Afterclose, with its source and time; that you will keep marketing and transactional consent separate and send marketing only to those who agreed to marketing; that you will honor every STOP at once and forever; that you will not put plan, premium, health or claim details in a text; that you will text only within the hours Afterclose allows; that you will not use Afterclose to contact anyone on a do-not-call list you must honor; and that every message you send will be truthful, will identify you, and will not promise coverage, benefits, prices or outcomes you cannot deliver. A person who fills in your referral page has not agreed to anything: you may call them yourself, but Afterclose will never send them an automated message and you may not add them to automated texts without their recorded consent.
Texting from your own number requires registration with the telephone carriers. You confirm that the business details you submit for that registration are true, and you understand that the carriers, not Afterclose, decide whether and when to approve a number, that approval can take weeks, and that a registration fee you pay is not refundable once the registration has been submitted.
6. Afterclose text alerts (SMS terms)
These terms cover the text messages Afterclose itself sends to agents, from Afterclose's own toll-free number, (844) 996-1118. They are separate from the texts an agent sends to their own clients, which section 5 covers.
- Program: Afterclose account alerts.
- What the texts are about: only your own Afterclose account and your referrals, for example that a referral just came in, a reminder about something waiting for you in your account, or a notice about your account such as a failed payment. They are never marketing and never contain a client's plan, premium, health or claim details.
- How you sign up: you tick the box next to your mobile number in your Profile and save. Nothing is sent until you do. Consent is not a condition of purchase.
- How often: message frequency varies with your account activity, usually a few texts a month.
- Cost: Msg & data rates may apply. Afterclose does not charge for these texts.
- Help: reply HELP to any text, or email support@getafterclose.com.
- Stop: reply STOP to any text to stop all Afterclose texts at once. You will get one text confirming it, and nothing after that. You can also untick the box in your Profile. To start again, tick the box again or reply START.
- Delivery: carriers are not liable for delayed or undelivered messages.
- Privacy: your mobile number and your consent are not shared with anyone for marketing. See our Privacy Policy.
7. The browser extension
Afterclose offers an optional browser extension that reads your sales report from a portal session that you open with your own login, and sends the rows to your Afterclose account, so you do not have to download and upload the report yourself. Using it is entirely your choice; you can bring your book in by uploading a report instead, and Afterclose works the same way either way. If you install the extension you confirm that you are reading your own report, from your own account, and that doing so is permitted under your agreements with the owner of that portal; you accept that responsibility, not Afterclose. The extension never sees or sends your portal password. The extension is licensed to you only to bring your own book into your own Afterclose account while that account is open: you may not copy, share or sell it, decompile, disassemble or reverse engineer it, or use it, or anything learned from it, to build or help build another product. We may change, suspend or retire the extension at any time, including if the portal changes or its owner objects, and your account continues without it. You may revoke the extension's key in your account at any time.
8. Fees and payment
Afterclose Standard costs $75 per month, billed monthly in advance through Stripe to the card you provide, starting when you subscribe and renewing automatically each month until you cancel. Your first month's payment is non-refundable, including if you cancel, close your account or stop using Afterclose during that first month; you confirm that you understand this when you subscribe. You can cancel at any time from your account or by writing to us; cancellation takes effect at the end of the month already paid for, and we do not refund partial months. A local texting number costs $50, once, when you ask for it; it covers the carriers' registration of your number and Afterclose carries that number's monthly carrier fees for you; it is not refundable once the registration has been submitted. Prices do not include taxes, which we add where the law requires. We may change our prices with at least 30 days' notice to you by email or in the application; a change applies from your next renewal after that notice. If a payment fails we will tell you and retry it; if it is not paid within 14 days we may suspend sending and, after 30 days, close the account. Card details are entered on Stripe's pages and never reach Afterclose.
9. Acceptable use
You will not: use Afterclose to break any law or anyone's rights; send spam, unsolicited texts, or anything deceptive, abusive or discriminatory; impersonate anyone or misstate who a message is from; bring in information you are not permitted to hold or that you took from a system you were not authorized to use; probe, scan, overload or interfere with Afterclose or try to get at another agent's data; copy, resell, sublicense, decompile or reverse engineer Afterclose or its browser extension, or build a competing product from either; or remove any notice from it. We may remove content, suspend or close an account, and report conduct to the authorities when the law requires or allows.
10. Our property, your feedback
Afterclose, its software, design, text, templates and marks belong to After Close or our licensors and are protected by law. We give you a limited, revocable, non-exclusive right to use them as part of the service while your account is open. The email and text templates Afterclose offers are ours; the messages you write and the data you bring are yours. If you send us ideas or feedback you agree we may use them without owing you anything.
11. Third-party services
Afterclose runs on Amazon Web Services, takes payment through Stripe, sends texts through the telephone carriers, and, if you connect a Google calendar, works with Google's calendar service as our Privacy Policy describes. Those services have their own terms, and we are not responsible for their availability, their decisions (such as whether a carrier approves a texting number or filters a message) or their outages. Your own carrier's portal, USHA's systems and any other system you connect to are not ours and are not under our control.
12. No warranties
Afterclose is provided "as is" and "as available". To the fullest extent the law allows, we make no warranty of any kind, express or implied, including of merchantability, fitness for a particular purpose, title and non-infringement. We do not promise that Afterclose will be uninterrupted, error-free or secure; that any message will be delivered or read; that any texting number will be approved or approved by a given date; that any figure it shows, including retention, will match a carrier's or an organization's figure or will qualify you for any bonus, commission, promotion or award; that using it will keep any policy in force or earn any referral; or that it meets the requirements of any law that applies to your business. Nothing Afterclose produces is legal, tax, insurance or compliance advice.
13. Limits on our liability
To the fullest extent the law allows, After Close and its owners, employees and contractors will not be liable to you for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, commissions, bonuses, revenue, business, goodwill or data, however caused and under any theory of liability, even if we were told it was possible. Our total liability to you for everything arising out of or related to Afterclose in any 12-month period will not exceed the fees you paid us in that period. Some states do not allow some of these limits; in that case they apply to the extent the law allows.
14. Your responsibility for claims
You agree to defend, indemnify and hold harmless After Close and its owners, employees and contractors from any claim, demand, loss, liability, cost or expense (including reasonable attorneys' fees) brought by anyone, including a client, a referred person, an insurance carrier, USHA, an agency or a regulator, that arises from: your data and your right to hold and use it; the messages you send and whether their recipients consented; your use of the browser extension; your breach of these Terms, of the law or of your agreements with any carrier, agency or USHA; or any claim that Afterclose acted for, with or on behalf of a carrier or USHA because of something you said or did. We will tell you promptly of any such claim and you may take over its defense with counsel we approve, provided you do not settle anything that binds us without our consent.
15. Ending the agreement
You can close your account at any time. We can close it with 30 days' notice for any reason, or at once if you breach these Terms, if the law requires, or if continuing would put Afterclose, other agents or their clients at risk. When the account closes, your right to use Afterclose ends, automation stops, and we delete or de-identify your data as the Privacy Policy describes, keeping only the records we must keep. Before it closes you may ask us for a copy of your book. Sections 4, 10 and 12 through 16 survive the end of this agreement.
16. Governing law and disputes
These Terms are governed by the laws of the State of Nevada, without regard to its conflict-of-laws rules. If we have a dispute, we each agree to try first to resolve it by writing to the other and talking in good faith for 30 days. If that fails, the dispute will be decided in the state or federal courts located in Clark County, Nevada, and each of us consents to their jurisdiction. Each of us waives any right to a jury trial and to take part in a class action against the other, to the extent the law allows. The party that wins a claim about these Terms may recover its reasonable attorneys' fees.
17. Changes
We may update these Terms. We will change the date at the top and, for material changes, tell you in the application or by email at least 14 days before they take effect. Using Afterclose after that date means you accept the new Terms; if you do not, close your account before then. The version you agreed to is recorded on your account.
18. How to reach us
After Close, 2093 Lost Maple Street, Las Vegas, NV 89115. Email: support@getafterclose.com. These Terms, with the Privacy Policy, are the whole agreement between us about Afterclose and replace anything said before. If a court finds part of them unenforceable, the rest stands. Our not enforcing a term is not a waiver of it. You may not assign this agreement without our consent; we may assign it to a successor to our business.
In plain words: Afterclose is your tool. Your book is yours, you decide what sends, and nothing reaches a client until you approve it. We are not a carrier, not USHA, and not your compliance department: the licenses, the consents and the agreements you work under are yours to keep, and if someone comes after us because of how you used the tool, you cover it.