Terms of Service

Effective Date: September 3, 2026   Last Updated: September 3, 2026

These Terms of Service (“Terms”) are a binding agreement between you (“User,” “you”) and Inelegant Solutions, LLC, a Texas LLC (“Company,” “we,” “us,” or “our”), governing your access to and use of the Beast Mode Buddies mobile and/or web application, including all related features, integrations, and services (collectively, the “Service”).

By creating an account, clicking “I agree,” or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you are agreeing on behalf of a company, brokerage, or other organization (“Organization”), you represent that you have authority to bind that Organization, and “you” refers to both you individually and the Organization.

If you do not agree to these Terms, do not access or use the Service.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is intended for business/professional use by sales professionals (primarily in real estate) and is not directed to children. We do not knowingly permit anyone under 18 to create an account.

2. Description of the Service

Beast Mode Buddies is a gamification tool that rewards sales outreach activity with a virtual pet and related in-app progression features. The Service determines that outreach occurred by connecting to your customer relationship management (“CRM”) platform and reading communication metadata — such as the fact that a call, text, or email occurred, its timestamp, direction (inbound/outbound), duration, and the associated contact record — rather than the content of your communications. See our Privacy Policy for details on what we collect and what we do not collect.

We may add, change, or remove features of the Service at any time, and may temporarily or permanently suspend the Service (or any part of it) for maintenance, upgrades, or other reasons, with or without notice.

3. CRM Integration and Authorization

3.1 Third-party authorization. To use core features of the Service, you must connect a supported third-party CRM account. You authorize us to access and retrieve communication metadata from your CRM through that platform’s API on your behalf, and you represent that you have the legal right and any necessary permissions (including from your brokerage or employer, if applicable) to grant us that access.

3.2 Third-party terms. Your use of any connected CRM or other third-party platform remains subject to that platform’s own terms of service and privacy policy. We are not responsible for the availability, accuracy, security, or practices of third-party platforms, and your connection may be limited or disrupted by changes those platforms make to their APIs or policies outside our control.

3.3 Revoking access. You may disconnect your CRM integration at any time through your account settings or your CRM provider’s own permission controls. Disconnecting will limit or disable core features of the Service.

4. Accounts

You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to provide accurate information when creating your account and to promptly update it if it changes. Notify us immediately of any unauthorized use of your account.

5. Subscription, Fees, and Billing

5.1 Currently free. The Service is currently offered to you free of charge. We do not charge fees for access to or use of the Service as it exists as of the Effective Date, and we do not collect payment information from you in connection with your use of the Service.

5.2 No guarantee of continued free access. We reserve the right to change, limit, or discontinue any free feature of the Service, or to discontinue the free Service altogether, at any time and for any reason, with or without notice, subject to applicable law.

5.3 Future paid offerings. We may in the future offer a separate paid version, tier, or product (a “Paid Offering”). Any Paid Offering will be governed by its own separate terms of service presented to you at the time you sign up for or purchase it (which will cover matters such as fees, billing, auto-renewal, cancellation, and refunds), and those separate terms — not this Section 5 — will control for that Paid Offering. Your use of the free Service under these Terms does not entitle you to any particular pricing, features, or terms for a future Paid Offering, and we are under no obligation to offer you one.

6. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law, including data privacy, telemarketing, or consumer protection laws (e.g., TCPA, CAN-SPAM) governing your own outreach to clients;
• Misrepresent your identity or your authority to connect a CRM account or act on behalf of an Organization;
• Attempt to gain unauthorized access to the Service, other users’ accounts, or our systems;
• Reverse engineer, decompile, or attempt to extract the source code of the Service, except where applicable law prohibits this restriction;
• Interfere with or disrupt the integrity or performance of the Service;
• Use automated means (bots, scrapers) to access the Service without our prior written consent;
• Upload or transmit viruses, malware, or other harmful code;
• Use the Service to build a competing product.

We may suspend or terminate your access for violating this section.

7. Intellectual Property

7.1 Our IP. The Service, including its software, design, virtual pets, gamification mechanics, graphics, trademarks, and content (excluding your data), is owned by Company or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights to our trademarks or branding except as necessary to use the Service as permitted.

7.2 License to you. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

7.3 Your data. As between you and us, you retain ownership of your account information and any content you submit. You grant us a license to use, host, and process that data as necessary to provide, maintain, and improve the Service, consistent with our Privacy Policy.

8. Feedback

If you provide us with feedback, suggestions, or ideas about the Service, you agree we may use them without restriction or obligation to you.

9. Third-Party Services

The Service may link to or integrate with third-party services (such as your CRM). We do not control and are not responsible for third-party services, and your use of them is at your own risk and subject to their own terms.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT THE SERVICE WILL ACCURATELY OR COMPLETELY CAPTURE ALL OUTREACH ACTIVITY RECORDED IN YOUR CRM. GAMIFICATION RESULTS ARE FOR MOTIVATIONAL PURPOSES ONLY AND ARE NOT A GUARANTEE OF SALES PERFORMANCE OR OUTCOMES.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMPANY OR ITS OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

12. Indemnification

You agree to defend, indemnify, and hold harmless Company and its officers, employees, and agents 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 Service; (b) your violation of these Terms; (c) your violation of any third-party right, including rights related to your CRM data or your clients’ personal information; or (d) your violation of any applicable law in connection with your own sales outreach activities.

13. Term and Termination

These Terms remain in effect while you use the Service. You may stop using the Service and, if applicable, cancel your subscription at any time. We may suspend or terminate your access to the Service at any time, with or without cause or notice, including for violation of these Terms. Upon termination, your right to use the Service ends immediately; sections of these Terms that by their nature should survive termination will survive (including Sections 7, 10–12, 15, and 16).

14. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice (such as by email or an in-app notice) before the changes take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service.

15. Dispute Resolution; Arbitration Agreement; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.

15.1 Agreement to arbitrate. Except for disputes that qualify for small claims court or claims for injunctive relief regarding intellectual property, you and Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by binding, individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, rather than in court, except as set forth below.

15.2 Class action waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

15.3 Location and rules. Arbitration will take place in Fort Worth, Texas, or another mutually agreed location, or may be conducted remotely/telephonically at the arbitrator’s discretion. Each party will bear its own costs, except as the AAA rules or applicable law otherwise require.

15.4 Opt-out. You may opt out of this arbitration agreement by sending written notice to wilbee@inelegant.solutions within 30 days of first accepting these Terms, stating your name and a clear statement that you wish to opt out of arbitration.

15.5 Severability. If the class action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this arbitration agreement remains in effect for all other claims.

16. Governing Law and Venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. For any dispute not subject to arbitration under Section 15, you and Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Tarrant County, Texas.

17. Miscellaneous

• Entire agreement. These Terms, together with our Privacy Policy and any order forms, constitute the entire agreement between you and Company regarding the Service and supersede any prior agreements.
• Severability. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision will not be deemed a waiver of that right or provision.
• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Notices. We may provide notices to you via email, in-app notification, or posting on the Service. You may provide notices to us at wilbee@inelegant.solutions.
• Force majeure. We are not liable for delays or failures in performance resulting from causes beyond our reasonable control.

18. Contact Us

Questions about these Terms can be sent to:

INELEGANT SOLUTIONS, LLC
wilbee@inelegant.solutions