Terms of Service

Last Updated: December 23, 2024

Welcome to RealTally. RealTally is the company that operates the RealTally app and BiteForward Kids app. These Terms of Service ("Terms") govern your access to and use of RealTally's mobile applications, website, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account or using our Services, you confirm that you:

  • Are at least 18 years old
  • Have the legal capacity to enter into this agreement
  • Will comply with all applicable laws and regulations
  • Have read and understood our Privacy Policy

2. Description of Service

RealTally provides a platform for connecting users with real estate agents based on performance data and user preferences. Our Services include:

  • Agent search and ranking based on performance metrics
  • Tools to filter agents by location, specialty, and transaction data
  • Information about agent performance and reviews
  • Facilitation of connections between users and real estate professionals

3. User Accounts

Account Creation

To use certain features of our Services, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information as needed
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized access to your account
  • Accept responsibility for all activities under your account

Account Termination

You may delete your account at any time through the app settings or by contacting us at info@realtally.xyz. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Acceptable Use

You agree NOT to:

  • Use the Services for any illegal or unauthorized purpose
  • Violate any laws in your jurisdiction
  • Infringe upon or violate our intellectual property rights or those of others
  • Harass, abuse, or harm other users or real estate agents
  • Submit false, inaccurate, or misleading information
  • Engage in scraping, data mining, or automated data collection
  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Services or servers
  • Impersonate any person or entity
  • Spam users or agents with unwanted communications

5. Content and Data

Agent Information

RealTally aggregates data from public records and other lawful sources. While we strive for accuracy, we do not guarantee that all information is current, complete, or error-free. Agent rankings and statistics are for informational purposes only.

User-Generated Content

If you submit reviews, feedback, or other content to RealTally, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content in connection with our Services.

6. Disclaimers

No Real Estate Services

RealTally does not provide real estate brokerage, legal, financial, or professional advice. We are a technology platform that facilitates connections. Any decisions you make based on information from our Services are your sole responsibility.

Third-Party Interactions

Your interactions with real estate agents or other users are solely between you and those parties. RealTally is not responsible for:

  • The conduct of agents or users
  • Quality of services provided by agents
  • Disputes between you and agents
  • Any damages or losses from your dealings with third parties

Service Availability

We strive to keep our Services available 24/7, but we do not guarantee uninterrupted access. We may modify, suspend, or discontinue any aspect of the Services at any time without liability.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REALTALLY SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from your use of or inability to use the Services
  • Any content, actions, or inactions of third parties

Our total liability shall not exceed the amount you paid us in the past 12 months, or $100, whichever is greater.

8. Indemnification

You agree to indemnify and hold harmless RealTally, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of any rights of another party
  • Your Content or conduct on the platform

9. Intellectual Property

The Services, including all content, features, and functionality, are owned by RealTally and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Services without our express written permission.

10. Privacy

Your use of our Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information.

11. Dispute Resolution

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

Arbitration

Any disputes arising from these Terms or your use of the Services shall be resolved through binding arbitration, except that you may assert claims in small claims court if they qualify. You waive your right to a jury trial and to participate in class actions.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date
  • Sending you an in-app notification or email

Your continued use of the Services after changes constitutes acceptance of the updated Terms.

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and RealTally regarding the Services and supersede all prior agreements.

15. Contact Information

If you have questions about these Terms, please contact us:

By using RealTally, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.