CRESTAL BALL Terms of Service

CRESTAL BALL is a homeownership operations platform for licensed real estate and housing-adjacent professionals. Through the Service, Customers may:

• Browse and "claim" exclusive geographic marketing territories ("Exclusive Territories") — currently 323 defined exclusive territories across Rhode Island, each consisting of a defined set of residential properties;
• Receive property-level data, homeowner activity signals, and daily monitoring alerts across the 334,314+ Rhode Island properties CRESTAL BALL tracks, for properties within a claimed Exclusive Territory ("Exclusive Territory Data"); and
• Access related tools for outreach, farming, past-client tracking, and client relationship management within their claimed Exclusive Territories.

CRESTAL BALL is a data, workflow, and marketing-territory platform. CRESTAL BALL is not a real estate brokerage, mortgage lender, mortgage broker, or law firm, does not represent buyers or sellers, and does not provide real estate, legal, financial, tax, or lending advice. You remain solely responsible for all professional services you provide to your own clients and for maintaining any required license.

To use the Service you must:

(a) be at least 18 years old and capable of entering into a binding contract; (b) hold any professional license required for your Profession Category (as defined in Section 5) in the jurisdiction(s) where you practice, and keep that license current and in good standing for as long as you use the Service; (c) provide accurate, current registration and billing information; and (d) not be barred from using the Service under applicable law or a prior suspension/termination by CRESTAL BALL.

At sign-up, CRESTAL BALL verifies real estate license numbers against the current Rhode Island licensee roster and verifies mortgage professionals by NMLS number. If a lookup fails or returns more than one matching record, your request may be routed to CRESTAL BALL's manual review queue, and account access may be limited until a CRESTAL BALL reviewer approves the request or you confirm which record is yours. CRESTAL BALL may re-verify your license status at any time, directly or through a third party, and may suspend or terminate your account if you do not hold a valid, active license appropriate to your Profession Category.

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. Notify us immediately at info@crestalball.com of any unauthorized use or security breach. CRESTAL BALL is not liable for any loss arising from your failure to safeguard your credentials.

You may create an account with an email and password or by signing in with Google. CRESTAL BALL applies rate limits and temporary lockouts to sign-in and password-reset attempts to protect accounts from automated attacks; you agree not to circumvent these protections. Account, verification, and review-status notifications are sent from CRESTAL BALL's notification domain to the email address on your account.

Each account is for use by a single individual professional (or, for team/brokerage accounts, the authorized users designated on the account). You may not share login credentials across unrelated individuals or resell access to the Service.

4.1 How claims work. Available Exclusive Territories are displayed in the Service with an associated monthly subscription price. Subject to Section 5 (Territory Exclusivity), an Exclusive Territory is claimed on a first-come, first-served basis when you complete the claim flow and your first payment is successfully processed.

4.2 No guarantee of availability. Exclusive Territory boundaries, pricing, and availability are set by CRESTAL BALL and may change at any time before an Exclusive Territory is claimed. Claiming an Exclusive Territory does not create any ownership, easement, license to real property, or property interest of any kind — it is solely a contractual right to receive Exclusive Territory Data and marketing priority as described in these Terms, for as long as your subscription for that Exclusive Territory is active.

4.3 Boundary changes. CRESTAL BALL may, in its reasonable discretion, adjust the boundaries of unclaimed Exclusive Territories (for example, to reflect updated property records) at any time. CRESTAL BALL will not materially reduce the boundary of a Territory you have already claimed while your subscription for it remains active in good standing, except as required by changes to underlying public records or data sources outside CRESTAL BALL's control.

4.4 No guarantee of results. Any estimate shown in the Service of transaction volume, breakeven closings, listings, move probability, return on investment, or similar projections — including scores, rankings, and daily recommendations — is provided for illustrative purposes only, based on historical or modeled data. These figures are estimates, not guarantees, and CRESTAL BALL makes no representation that you will generate any particular number of leads, listings, closings, or revenue from a claimed Territory.

5.1 What exclusivity means. For as long as your subscription for a Territory remains active and in good standing, CRESTAL BALL will not sell, assign, or grant claim rights to that same Territory to another Customer within your Profession Category (as defined below) ("Exclusivity Commitment").

5.2 Profession Categories are separate. Exclusivity applies within, not across, Profession Categories. CRESTAL BALL currently organizes Customers into two categories — licensed real estate agents/brokers, and mortgage loan officers/lenders — and may add other housing-adjacent professional categories from time to time. CRESTAL BALL may sell the same Territory to one Customer in each of several non-competing Profession Categories at the same time — for example, one real estate agent and one mortgage loan officer may simultaneously hold the same Territory, because CRESTAL BALL does not treat those categories as competing with each other. Territory pricing differs by Profession Category. CRESTAL BALL determines Profession Category assignment in its reasonable discretion.

5.3 Pre-existing relationships and protected households. Territory availability depends on accurate records of prior claims and pre-existing customer or referral relationships, including relationships established before a given Territory was made available for claim in the Service or outside CRESTAL BALL's standard claim flow. ZIP and Territory exclusivity extend only to eligible opportunities: households protected under another Customer's relationship protection remain outside your exclusive coverage, and CRESTAL BALL will not direct prospecting alerts for those households to competing Customers. CRESTAL BALL makes commercially reasonable, good-faith efforts to keep Territory records accurate and to honor the Exclusivity Commitment, but does not guarantee that a Territory claimed by you is, or will remain, entirely free of any other pre-existing relationship CRESTAL BALL becomes aware of after your claim. If CRESTAL BALL identifies such a conflict, CRESTAL BALL will work with you in good faith on a resolution, which may include a refund of amounts paid for the affected period, a substitute Territory, or another remedy CRESTAL BALL reasonably offers; this is your sole and exclusive remedy for a Territory Exclusivity conflict.

5.4 Not a guarantee against outside competition. The Exclusivity Commitment is a contractual commitment by CRESTAL BALL not to knowingly sell your claimed Territory, within your Profession Category, to another CRESTAL BALL Customer while your subscription is active. It is not a guarantee that no other professional will market, canvass, or transact within that geographic area through means outside the Service — CRESTAL BALL has no ability to control, and does not warrant, market activity that does not occur through the Service.

6.1 Subscription and billing. Each claimed Territory is billed on a recurring monthly basis at the price displayed at the time of claim, charged in advance to your payment method on file via our third-party payment processor, Stripe. CRESTAL BALL does not store full payment card numbers. Subscriptions automatically renew each month unless cancelled in accordance with Section 6.3. Free-tier accounts may access limited features without a payment method.

6.2 Price changes. CRESTAL BALL may change the price of a Territory or plan subscription with at least 30 days' advance notice (email or in-Service notice). Continued use of the Service after a price change takes effect constitutes acceptance of the new price; if you do not agree, you may cancel before the change takes effect.

6.3 Cancellation. You may cancel a subscription at any time through your account settings or by contacting info@crestalball.com. Cancellation takes effect at the end of the then-current monthly billing period, and your Exclusivity Commitment and access to that Territory's data end at that time. Upon cancellation or non-renewal, the Territory becomes available for another Customer to claim.

6.4 No refunds. Except where required by law or as expressly stated in Section 5.3, all fees are non-refundable, including for partial billing periods, unused access, or early cancellation.

6.5 Failed payments. If a payment fails, CRESTAL BALL may retry the charge, suspend your access to the affected Territory, and, if payment is not cured within 10 days, release the Territory for other Customers to claim without further notice.

6.6 Taxes. Fees are exclusive of applicable taxes, which you are responsible for unless CRESTAL BALL is required by law to collect them.

You agree not to, and not to permit others to:

(a) scrape, crawl, harvest, or use automated means to extract data from the Service, other than through features CRESTAL BALL provides for that purpose; (b) resell, sublicense, or redistribute Territory Data or any other Service data to any third party, including other professionals not on your account; (c) use the Service, or any Territory Data, to discriminate against any person on the basis of race, color, religion, sex, familial status, national origin, disability, or any other class protected under the federal Fair Housing Act or applicable state or local fair housing, consumer protection, or civil rights laws; (d) use the Service or Territory Data as a factor in determining a consumer's eligibility for credit, insurance, employment, housing, or any other purpose covered by the Fair Credit Reporting Act ("FCRA") — the Service is not a "consumer reporting agency" and Territory Data does not constitute a "consumer report" under the FCRA, and CRESTAL BALL disclaims any use of the Service for FCRA-regulated purposes; (e) send marketing communications (calls, texts, emails, direct mail) to any homeowner or contact identified through the Service in violation of the Telephone Consumer Protection Act, CAN-SPAM Act, applicable Do-Not-Call registries, or state real estate or mortgage advertising and solicitation laws; (f) reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent applicable law prohibits this restriction; (g) use the Service to build a competing product, or use it in any way that could disable, overburden, or impair the Service; or (h) misrepresent your identity, license status, or Profession Category, or otherwise use the Service in violation of applicable law.

You are solely responsible for ensuring that all marketing and outreach you conduct using data or leads obtained through the Service complies with applicable law, including fair housing and consumer protection law, and for maintaining any consents required for outbound marketing.

Territory Data is compiled from public records, county assessor and recorder data, multiple listing service ("MLS") data where licensed, and other third-party sources. CRESTAL BALL does not independently verify, and does not warrant, the accuracy, completeness, timeliness, or reliability of Territory Data. Property records, ownership status, valuations, life-event signals, scores, and contact information may be inaccurate, outdated, or incomplete. You are responsible for independently verifying any information before relying on it in a professional or client-facing context. CRESTAL BALL is not liable for any decision made, or action taken, in reliance on Territory Data.

You are an independent professional (or independent business), not an employee, agent, joint venturer, or partner of CRESTAL BALL. Nothing in these Terms creates a franchise, agency, partnership, or employment relationship. CRESTAL BALL does not control the manner in which you provide professional services to your clients, set your fees or commissions, or supervise your professional conduct, and CRESTAL BALL is not a party to, and has no responsibility for, any transaction between you and your clients.

10.1 CRESTAL BALL's IP. The Service, including its software, Territory maps, boundary data compilations, scoring models, design, trademarks (including "CRESTAL BALL" and associated logos), and all related intellectual property, is owned by CRESTAL BALL or its licensors and is protected by intellectual property laws. Subject to your compliance with these Terms, CRESTAL BALL grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal professional business purposes during your subscription term. No other rights are granted.

10.2 Your content. You retain ownership of any content you upload to the Service (e.g., branding, client notes, outreach logs) ("Customer Content"). You grant CRESTAL BALL a non-exclusive, worldwide, royalty-free license to host, store, and display Customer Content as necessary to provide the Service to you.

10.3 Feedback. If you provide suggestions or feedback about the Service, CRESTAL BALL may use it without restriction or obligation to you.

Our collection and use of personal information, including homeowner and property data and your own account information, is described in our Privacy Policy, incorporated into these Terms by reference. Questions about privacy may be sent to info@crestalball.com.

The Service may integrate with or link to third-party services (e.g., MLS providers, payment processors, mapping providers, authentication providers such as Google Sign-In, email delivery providers, and CRM tools). CRESTAL BALL is not responsible for third-party services, and your use of them is governed by their own terms and privacy policies.

THE SERVICE AND ALL TERRITORY DATA ARE 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, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. KONCIERGE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY TERRITORY DATA IS ACCURATE OR COMPLETE. KONCIERGE DOES NOT WARRANT ANY LEVEL OF LEADS, LISTINGS, TRANSACTIONS, OR INCOME RESULTING FROM USE OF THE SERVICE.

Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KONCIERGE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF KONCIERGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KONCIERGE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE TOTAL FEES YOU PAID TO KONCIERGE FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

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

You agree to defend, indemnify, and hold harmless CRESTAL BALL and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service or Territory Data; (b) your violation of these Terms or applicable law, including fair housing, consumer protection, or telemarketing law; (c) your professional services to your own clients; or (d) Customer Content you provide.

16.1 Term. These Terms remain in effect for as long as you maintain an account or an active Territory subscription.

16.2 Termination for convenience. You may terminate your account at any time by cancelling all active Territory subscriptions per Section 6.3 and closing your account.

16.3 Termination or suspension for cause. CRESTAL BALL may suspend or terminate your account and any Territory claims, with or without notice, if you breach these Terms, fail to maintain a required professional license, engage in conduct CRESTAL BALL reasonably believes is fraudulent, discriminatory, or harmful to the Service or other Customers, or fail to pay fees when due.

16.4 Effect of termination. Upon termination, your right to access the Service and any Territory Exclusivity Commitment immediately end, and any claimed Exclusive Territories become available for other Customers. Sections 4.4, 5.4, 6.4, 6.6, 7–15, and 18–20 survive termination.

CRESTAL BALL may modify or discontinue any part of the Service at any time. CRESTAL BALL may update these Terms from time to time; material changes will be notified via email or in-Service notice at least 10 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance. If you do not agree to updated Terms, you must stop using the Service and cancel your subscriptions before the changes take effect.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES YOU TO ARBITRATE DISPUTES ON AN INDIVIDUAL BASIS.

18.1 Agreement to arbitrate. Except for claims that qualify for small claims court or claims for injunctive relief to protect intellectual property or confidential information, you and CRESTAL BALL 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 (or, for individual Customers, its Consumer Arbitration Rules where applicable), rather than in court, except as set forth below.

18.2 Location and procedure. The arbitration will be conducted in Providence County, Rhode Island, or another mutually agreed location, or, where permitted by AAA rules, by videoconference or written submissions. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

18.3 Class action waiver. YOU AND KONCIERGE EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Neither you nor CRESTAL BALL may bring a claim as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims.

18.4 Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, you and CRESTAL BALL each waive any right to a jury trial.

18.5 Opt-out. You may opt out of this arbitration agreement by sending written notice to info@crestalball.com within 30 days of first accepting these Terms, including your name, account email, and a clear statement that you opt out of arbitration. If you opt out, disputes will be resolved as described in Section 19.2.

18.6 Severability of arbitration provision. If the class action waiver in Section 18.3 is found unenforceable as to a particular claim, that claim (and only that claim) may proceed in court, and the remainder of this Section 18 remains in effect for all other claims.

19.1 Governing law. These Terms are governed by the laws of the State of Rhode Island, without regard to its conflict-of-laws principles.

19.2 Venue. For any dispute not subject to arbitration under Section 18 (including if you validly opt out), you and CRESTAL BALL consent to the exclusive jurisdiction and venue of the state and federal courts located in Providence County, Rhode Island.

20.1 Entire agreement. These Terms, together with the Privacy Policy and any order form or addendum referencing these Terms, constitute the entire agreement between you and CRESTAL BALL regarding the Service and supersede any prior agreements.

20.2 Assignment. You may not assign these Terms without CRESTAL BALL's prior written consent. CRESTAL BALL may assign these Terms in connection with a merger, acquisition, or sale of assets.

20.3 Severability. If any provision of these Terms is found unenforceable, the remaining provisions remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

20.4 No waiver. CRESTAL BALL's failure to enforce any right or provision is not a waiver of that right or provision.

20.5 Force majeure. CRESTAL BALL is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including data source outages, acts of God, or third-party service failures.

20.6 Notices. CRESTAL BALL may provide notices to you via email, in-Service notification, or the contact information on your account. You may provide notice to CRESTAL BALL at info@crestalball.com or by mail to Koncierge, Inc. d/b/a CRESTAL BALL, Providence County, Rhode Island (mailing address to be added).

20.7 Relationship of the parties. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and CRESTAL BALL.

20.8 Headings. Section headings are for convenience only and do not affect interpretation.

Data Rights, Exclusivity, Relationship Protection, and Cross-Industry Intelligence

Effective Date: Upon valid notice and acceptance in accordance with Section 17 of these Terms, including its minimum 10-day advance notice for material changes, except where a separately executed written agreement expressly provides otherwise.

This Amendment supplements the Crestal Ball Terms of Service (“Terms”) and governs the scope of exclusivity, customer rights, relationship monitoring, geographic subscriptions, and Crestal Ball's use and commercialization of property and household intelligence.

In the event of a conflict between this Amendment and the Terms, this Amendment controls with respect to the matters addressed herein, except where a separately executed written agreement expressly provides otherwise.