Terms of Use
These Terms of Use (“Terms”) constitute a legally binding agreement between you (“you,” “user,” or “customer”) and FiveToClose (“Company,” “we,” “us,” or “our”) governing your access to and use of the Site, the Offer Spell™ quiz and related materials, email communications, and any digital products purchased through the Site, including without limitation the Offer Spellbook™ (collectively, the “Services”).
PLEASE READ THESE TERMS CAREFULLY. By accessing or using the Site or Services, creating an opt-in, or completing a purchase, you agree to be bound by these Terms and our Privacy Policy and Earnings Disclaimer, which are incorporated by reference. If you do not agree, do not use the Site or Services.
1. Eligibility
You represent and warrant that you are at least eighteen (18) years of age (or the age of majority in your jurisdiction, if higher) and have the legal capacity to enter into these Terms. The Services are intended for adults for educational and business-information purposes only. You may not use the Services if you are prohibited from doing so under applicable law.
2. Description of Services
Offer Spell™ provides an interactive questionnaire experience and educational materials designed to help users structure commercial offers, messaging, and related planning. Outputs of the quiz (including any “Perfect Offer,” blueprint, mechanism name, or similar generated summary) are informational tools only and do not constitute professional advice, a guarantee of commercial success, or a customized professional service engagement unless expressly agreed in a separate written contract.
Paid products, including the Offer Spellbook™, are delivered as digital downloads or electronic access as described at the time of purchase. Page counts, features, and deliverables stated on the Site are intended to be accurate as of the date of purchase; we reserve the right to correct errors and to improve materials over time.
3. Accounts, Opt-Ins, and Communications
Certain features require submission of an email address. You agree to provide accurate information and to maintain the confidentiality of any access links or download credentials provided to you. You consent to receive transactional communications related to your use of the Services. Marketing communications are subject to the Privacy Policy and applicable anti-spam laws; you may unsubscribe from marketing emails as described therein.
4. Purchases, Pricing, and Payment
Prices for paid products are stated on the Site or checkout page at the time of purchase and are generally denominated in United States dollars unless otherwise indicated. Payment is processed by Stripe or another designated payment processor. You authorize the charge for the selected product(s) and any applicable taxes.
We reserve the right to refuse or cancel orders, including in cases of pricing errors, suspected fraud, payment failure, or violation of these Terms.
5. Digital Delivery; All Sales Final Policy
Upon successful payment, digital products are typically made available immediately via a thank-you page, download link, and/or email. Because the products are digital and accessible upon delivery, all sales are final to the maximum extent permitted by law, except where a mandatory consumer-protection statute requires a refund right or where we, in our sole discretion, approve a refund.
If you experience a technical failure preventing legitimate access to a product you purchased, contact support@fivetoclose.cloud promptly with your order details, and we will make reasonable efforts to restore access.
Chargebacks initiated without first contacting support, or initiated in bad faith after download or access, may be contested and may result in termination of access and reporting as permitted by law.
6. License Grant and Intellectual Property
Subject to your compliance with these Terms and full payment of applicable fees, FiveToClose grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use purchased digital materials for your personal or internal business use.
Except as expressly permitted, you may not:
- Copy, reproduce, redistribute, resell, sublicense, publish, or commercially exploit the materials for third parties as a standalone product;
- Remove proprietary notices, branding, or copyright legends;
- Share download links publicly or with unauthorized persons;
- Use the materials to train machine-learning models for redistribution in a manner that substitutes for the product, except for your private use in generating your own business content;
- Reverse engineer, scrape, or systematically extract content beyond ordinary personal use.
All right, title, and interest in and to the Site, Services, Offer Spell™ name and branding, Offer Spellbook™ content, graphics, software, and related intellectual property remain the exclusive property of FiveToClose or its licensors. No rights are granted except as expressly stated herein.
7. Acceptable Use
You agree not to misuse the Site or Services, including by:
- Violating any applicable law or regulation;
- Attempting to gain unauthorized access to systems, data, or other users’ information;
- Interfering with or disrupting the Site, servers, or networks;
- Using bots, scrapers, or automated means except for ordinary browser access or search-engine indexing as permitted;
- Submitting false, misleading, or fraudulent information;
- Using the Services to promote unlawful, deceptive, or harmful offers in a manner that creates liability for FiveToClose.
We may suspend or terminate access for violation of these Terms, with or without notice, to the extent permitted by law.
8. Educational Nature; No Professional Advice
The Services provide educational and informational content regarding marketing, offer structure, and related business topics. They do not constitute legal, financial, tax, investment, accounting, or professional consulting advice. You are solely responsible for evaluating the suitability of any ideas, frameworks, or actions for your situation and for complying with all laws applicable to your advertising, sales, and business activities.
See also our Earnings Disclaimer, which forms part of these Terms.
9. Third-Party Services
The Site may integrate or link to third-party services (including payment processors, email providers, analytics tools, and traffic-quality services). Your use of third-party services is subject to those parties’ terms and privacy policies. FiveToClose is not responsible for third-party services, outages, or practices beyond our reasonable control.
10. Disclaimers of Warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY QUIZ OUTPUT OR EDUCATIONAL CONTENT WILL MEET YOUR EXPECTATIONS OR PRODUCE ANY PARTICULAR COMMERCIAL RESULT.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIVETOCLOSE, ITS OWNERS, OFFICERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF (OR INABILITY TO USE) THE SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SITE OR SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) TWENTY-FIVE U.S. DOLLARS (US$25.00) IF YOU HAVE NOT PAID ANY FEES.
Some jurisdictions do not allow certain limitations; in such jurisdictions, our liability is limited to the fullest extent permitted by law.
12. Indemnification
You agree to defend, indemnify, and hold harmless FiveToClose and its owners, officers, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site or Services; (b) your violation of these Terms; (c) your violation of any law or third-party right; or (d) any offer, product, advertising, or business activity you create or promote based on materials obtained through the Services.
13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to conflict-of-law principles, except where mandatory consumer-protection laws of your jurisdiction apply and cannot be waived.
Except where prohibited by law, any dispute arising out of or relating to these Terms or the Services shall first be attempted to be resolved informally by contacting support@fivetoclose.cloud. If not resolved within thirty (30) days, either party may pursue available remedies in a court of competent jurisdiction, subject to any mandatory arbitration or small-claims rights you may have under applicable law.
14. Changes to the Terms
We may modify these Terms at any time by posting an updated version on the Site with a revised “Last Updated” date. Material changes take effect upon posting unless a later date is specified. Your continued use of the Site after changes become effective constitutes acceptance of the revised Terms.
15. Severability; Entire Agreement; Waiver
If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. These Terms, together with the Privacy Policy and Earnings Disclaimer, constitute the entire agreement between you and FiveToClose regarding the Site and Services and supersede prior or contemporaneous understandings on that subject. Our failure to enforce any right or provision is not a waiver of such right or provision.
16. Contact
For questions about these Terms, purchases, or access issues:
FiveToClose
Email: support@fivetoclose.cloud
Subject line (recommended): Terms / Support — Offer Spell · magic.fivetoclose.cloud
Website: https://magic.fivetoclose.cloud/