Terms of Enrollment

Last updated: July 31, 2026

Phill R. Tomlinson PLLC (“CRE Fuel”, “we”, “us”, “our”) operates the CRE Fuel software. These Terms of Enrollment govern your use of it.

1. Parties and acceptance

This Terms of Enrollment Agreement (the “Agreement”) is between Phill R. Tomlinson PLLC, an Arizona professional limited liability company doing business as CRE Fuel, and the individual or entity enrolling in the Service (“you”, “your”, “Broker”).

You accept this Agreement when you do any of the following, whichever happens first:

1. Click to accept at checkout or at first sign in;
2. Begin a trial of the Service; or
3. Access or use the Service.

If you accept on behalf of a brokerage, team, or company, you represent that you have authority to bind that entity, and “you” means that entity.

You must be at least 18 years old and, where the Service is used for licensed real estate activity, you must hold or operate under a valid real estate license in each jurisdiction where you conduct that activity.

2. Definitions

• “Service” means the CRE Fuel application at app.crefuel.co, its mobile (web app) form, and any related features, APIs, and support we provide.
• “Your Data” means everything you or your Team Members put into the Service or generate through it: contacts, companies, properties, notes, tasks, pipelines and deals, commission records, documents, call and message logs, call recordings and transcripts, imported files, and configuration.
• “Team Members” means users you invite to your account, including assistants, junior brokers, and virtual assistants.
• “Subprocessors” means the third party services we use to deliver the Service, described in Section 5.
• “Usage Data” means technical and statistical information about how the Service is used: feature counts, error logs, performance metrics, and similar operational telemetry. Usage Data does not include the substance of Your Data.

3. The Service, and what it is not

CRE Fuel is software for commercial real estate brokers. It organizes contacts and deals, places and receives calls and messages, tracks follow up, records commissions, and reports on activity.

CRE Fuel is not:

• a real estate brokerage, and we do not provide brokerage services to you;
• a source of legal, tax, accounting, compliance, or investment advice;
• a guarantor of the accuracy of any third party data displayed in the Service, including property records, ownership information, comparables, and valuations. Verify before you rely on it in a transaction.

Features described on our website or in the Service may change. We will not materially degrade a core feature you are paying for without notice under Section 15.

4. Ownership of Your Data

This is the core commitment of this Agreement.

4.1 You own Your Data

As between you and CRE Fuel, you own all right, title, and interest in Your Data. Nothing in this Agreement transfers ownership of Your Data to us. We are a custodian of Your Data, not an owner of it.

4.2 The limited license we need

You grant us a limited, non-exclusive, revocable license to host, store, copy, transmit, display, back up, and process Your Data solely to:

1. operate, provide, secure, and support the Service for you;
2. perform functions you direct, such as placing a call, sending a message, importing a file, transcribing a recording, or generating a summary; and
3. comply with law.

This license exists only so that the software can function. It ends when Your Data is deleted under Section 8. It grants us no independent commercial right to Your Data.

4.3 What we will not do with Your Data

We will not:

• sell, rent, or license Your Data to anyone;
• share Your Data with another CRE Fuel customer, or allow any other customer to access it;
• use Your Data to solicit, market to, or transact with your contacts for our own account or for any other broker;
• use Your Data to compete with you, including to source, refer, or broker deals;
• use Your Data to train generalized or publicly available artificial intelligence models. AI features operate on Your Data only to return a result to you, in the moment, at your direction; or
• publish or disclose Your Data, except as Section 4.4 permits or as law compels.

4.4 What we may do

We may use Usage Data to operate, secure, troubleshoot, and improve the Service, and to produce aggregate statistics. Any aggregate statistic we publish or share will be anonymized and aggregated across multiple customers so that it cannot reasonably be used to identify you, your contacts, your deals, or your production.

We may access Your Data under the limits in Section 6.

4.5 Your Data and your brokerage

You are responsible for confirming that your use of the Service, and your storage of Your Data in it, is permitted by your brokerage, your license, and any agreement you have with a broker of record, MLS, data vendor, or listing service. Some data you import may be subject to third party terms that restrict how it can be stored or used. That obligation is yours.

5. Where Your Data lives, and who touches it

The Service runs on third party infrastructure. To deliver it, Your Data is processed by Subprocessors that provide platform and database infrastructure, telephony (voice and SMS), transcription and AI processing, payment processing, hosting, and email delivery.

Each Subprocessor is bound by contract to protect Your Data and to use it only to provide its service to us. None of them is permitted to use Your Data for their own marketing or to sell it.

A current list of Subprocessors, naming each one, is available at any time by request to support@crefuel.co, and we will provide it within five business days. We will give you notice before adding a Subprocessor that materially changes how Your Data is processed.

Data location. Your Data is stored and processed in the United States.

6. Our access to your account

We may access Your Data only to:

1. provide and maintain the Service, including backups, migrations, and fixing errors;
2. provide support you have requested, including investigating an issue you have reported;
3. investigate a suspected violation of Section 9, a security incident, or fraud; or
4. comply with law, including a valid subpoena or court order.

We will not access Your Data for any other purpose. Employee and contractor access is limited to personnel who need it for the purposes above.

Legal process. If we receive a government or third party demand for Your Data, we will notify you before disclosing it, unless we are legally prohibited from doing so, so that you have an opportunity to object.

7. Getting your data out, and what happens if we disappear

7.1 Export at any time

While your subscription is active, you may export Your Data at any time, in common machine readable formats (CSV for records, standard file formats for documents and audio), at no charge, without asking us. If a category of Your Data cannot be self exported, we will provide it on request within ten business days at no charge.

7.2 Export after you cancel

If your subscription ends for any reason other than a violation of Section 9, you have 30 days from the end date to export Your Data. During that window we will keep Your Data available for export even though the rest of the Service is switched off. On request during that window we will also produce a full export for you.

After the 30 day window we may delete Your Data under Section 8.

7.3 If CRE Fuel shuts down

If we decide to discontinue the Service, we will:

1. give you at least 90 days written notice before shutdown;
2. keep export functioning for the entire notice period;
3. produce, on request and at no charge, a complete export of Your Data; and
4. not charge you for any period after the shutdown date, and refund any prepaid fees covering service you will not receive.

If we are unable to give notice because of insolvency, incapacity, or a comparable event, we will use commercially reasonable efforts to ensure Your Data remains exportable for at least 30 days, and we will not assert any ownership claim over Your Data at any point.

7.4 Your independent backup

We keep backups, but backups are for disaster recovery, not for your archive. We recommend you export on a regular schedule and keep your own copy. You are responsible for maintaining your own backup of Your Data.

8. Deletion

• You may request deletion of Your Data at any time by writing to support@crefuel.co. We will delete it within 30 days, except for what we must retain under this Section.
• After termination, and after the 30 day export window in Section 7.2, we may permanently delete Your Data. Deletion is not reversible.
• We may retain a limited amount of information after deletion where law requires it, where it is needed to resolve a dispute or enforce this Agreement, or in routine backup media that expires on its normal cycle. Retained information stays subject to Section 4.3.

9. Your responsibilities, and the rules you must follow

This Section is the one most likely to cost you money if you ignore it.

9.1 You are the sender

For every call, text message, email, and voicemail sent through the Service, you are the caller, sender, telemarketer, and advertiser. Not CRE Fuel. You are solely responsible for the content of those communications and for compliance with all applicable law.

9.2 Specific compliance obligations

You will comply with, at minimum:

• the Telephone Consumer Protection Act (TCPA) and its implementing rules;
• federal and state Do Not Call requirements, including scrubbing against the National DNC Registry and maintaining your own internal DNC list, and honoring opt out requests promptly;
• A2P 10DLC and carrier messaging requirements, including accurate brand and campaign registration and honoring STOP, HELP, and similar keywords;
• calling time restrictions in the recipient’s time zone;
• CAN-SPAM for email;
• call recording and consent laws. Recording laws vary by state. Some states require the consent of every party to the call. You are responsible for determining whether consent is required for each call you record and for obtaining it. The Service’s recording feature is off by default and you turn it on at your own risk; and
• all real estate licensing, advertising, agency disclosure, and fair housing requirements that apply to you.

9.3 Data you bring in

You represent that you have the right to upload, store, and use every contact record and file you put into the Service, and that doing so does not breach any third party agreement, data license, MLS rule, or privacy law.

9.4 Prohibited use

You will not use the Service to send unlawful, harassing, deceptive, or fraudulent communications; to send messages in categories prohibited by carriers; to reverse engineer, resell, or white label the Service; to circumvent usage limits or security controls; or to access another customer’s data.

9.5 Your Team Members

You are responsible for the acts and omissions of your Team Members as if they were your own, including any misuse of Your Data by someone you invited. You will remove access promptly when a Team Member leaves.

9.6 Credentials for third party services

If you connect a third party service using your own credentials, you authorize us to access that service as you, solely to deliver the features you have enabled. You are responsible for complying with that service’s terms. We are not responsible if that provider changes, restricts, or terminates your access.

9.7 Suspension

We may suspend your account, with notice where practical, if your use creates a material legal, security, or carrier compliance risk, or if fees are past due under Section 10.4. We will restore access once the issue is resolved.

10. Fees, trial, renewal, and cancellation

10.1 Plans and pricing

Your plan, price, and billing interval are the ones presented and accepted at checkout. Founding member pricing, where offered, is locked for as long as your subscription remains continuously active, and does not survive a lapse and re-subscription.

10.2 Trial

If a trial is offered, its length is stated at checkout. A payment method is required to start a trial. Unless you cancel before the trial ends, your paid subscription begins automatically at the price shown at checkout.

10.3 Renewal and price changes

Subscriptions renew automatically for the same interval until cancelled. We may change pricing for a renewal term on at least 30 days written notice before the renewal date. If you do not accept the change, cancel before the renewal date.

10.4 Payment

Fees are charged to your payment method through our payment processor. If a payment fails, we may retry and may suspend access after written notice. You are responsible for any taxes other than taxes on our income.

10.5 Cancellation and refunds

You may cancel at any time from Settings or by writing to support@crefuel.co. Cancellation takes effect at the end of the current paid term, and you keep access until then. Section 7.2 export rights apply from the end date.

Fees already paid are non refundable, except where Section 7.3 applies or where law requires a refund. We may issue a discretionary refund; doing so once does not obligate us to do it again.

10.6 Add on services

Some features carry separate fees, including telephony usage, SMS enablement, and optional onboarding or data migration services. Those fees are disclosed before you enable them and are billed in addition to your subscription.

11. Intellectual property

We own the Service: the software, interface, design, documentation, and the CRE Fuel name and flame logo. This Agreement grants you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. It grants you no other rights in our intellectual property.

You own Your Data (Section 4). Nothing here gives us any right in your brand, your marks, or your client relationships.

Feedback. If you send us suggestions or feature ideas, we may use them without restriction and without owing you anything. Feedback is not Your Data.

12. Confidentiality

Each party will protect the other’s non public information with at least reasonable care and use it only for this Agreement. Your Data is your confidential information. Our non public pricing, roadmap, and technical information is our confidential information. This does not apply to information that is public, independently developed, or lawfully received from a third party, and it does not prevent a disclosure that law compels, subject to Section 6.

13. Warranties and disclaimers

We warrant that we will provide the Service with reasonable care and skill.

Otherwise, the Service is provided “as is” and “as available.” To the fullest extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose, and non infringement.

We do not warrant that the Service will be uninterrupted or error free, that every call or message will be delivered, or that third party data displayed in the Service is accurate or complete. Telephony and messaging depend on carriers we do not control.

14. Limitation of liability and indemnity

14.1 Cap

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to this Agreement will not exceed the greater of (a) the fees you paid us in the 12 months before the event giving rise to the claim, or (b) $500.

14.2 Excluded damages

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost business, or lost data, even if advised of the possibility. Nothing in this Section limits your obligation to pay fees or either party’s liability for fraud, willful misconduct, or anything else that cannot be limited by law.

14.3 Your indemnity

You will defend and indemnify us against any third party claim, and any fine or penalty, arising from: your communications sent through the Service; your violation of Section 9; your infringement of a third party’s rights; or a claim by your contacts, clients, brokerage, or Team Members relating to your use of the Service.

14.4 Our indemnity

We will defend and indemnify you against a third party claim that the Service, as provided by us and used as permitted, infringes that party’s United States intellectual property rights.

15. Changes to the Service and to this Agreement

We may update this Agreement. For any change that materially reduces your rights or materially increases your obligations, we will give you at least 30 days written notice to the email on your account before it takes effect. If you do not accept the change, cancel before the effective date. Continued use after the effective date means you accept it.

Any change to Section 4 (Ownership of Your Data) or Section 7 (Export and shutdown) that reduces your rights requires 60 days notice, and you may cancel and receive a pro rata refund of prepaid fees for the unused term.

Non material changes, such as clarifications and typo fixes, take effect on posting.

16. Term and termination

This Agreement starts when you accept it and continues until terminated.

• You may terminate at any time under Section 10.5.
• We may terminate for your material breach if you do not cure it within 15 days of written notice, immediately for a violation of Section 9.4, or on 90 days notice under Section 7.3.

Survival. Sections 4, 7, 8, 9.1 through 9.3, 10.5, 11, 12, 13, 14, 17, and 18 survive termination.

17. Governing law and disputes

This Agreement is governed by the laws of the State of Arizona, without regard to its conflict of laws rules.

The parties will first try in good faith to resolve any dispute informally by writing to the other, and will allow 30 days to resolve it before starting a formal proceeding.

Any dispute that is not resolved informally will be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and each party consents to personal jurisdiction there.

18. General

• Entire agreement. This Agreement, plus the Privacy Policy and any order or checkout page, is the entire agreement between us on this subject and replaces any prior discussion. Terms in your purchase order or vendor form do not apply.
• Order of precedence. If there is a conflict, this Agreement controls over the Privacy Policy on matters of data ownership and export.
• Assignment. You may not assign this Agreement without our written consent. We may assign it to a successor in a merger, acquisition, or sale of assets, provided the successor assumes every obligation in Sections 4 and 7 in full.
• Severability. If a provision is unenforceable, the rest stays in effect.
• No waiver. Not enforcing a right once does not waive it.
• Force majeure. Neither party is liable for a delay caused by events beyond its reasonable control. This does not excuse payment.
• Notices. To you: the email on your account. To us: support@crefuel.co.
• Independent contractors. Nothing here creates a partnership, joint venture, employment, or agency relationship.

Contact

Phill R. Tomlinson PLLC (d/b/a CRE Fuel)
Email: support@crefuel.co
Website: https://crefuel.co