Terms of Service & Conditions

NEXTOPOLY GLOBAL TERMS OF SERVICE & CONDITIONS

Applicable to the Nextopoly Application on Google Play and the Apple App Store, to Desktop access, and to all Services operated by JB Holding Group, LLC ("JBH"), including Brandon Mushlin Creative.

Effective Date: December 1, 2025
Last Updated: December 1, 2025:

These Terms of Service and Conditions ("Terms") form a binding legal agreement between the user ("you") and JB Holding Group, LLC ("JBH"), a Missouri limited liability company, including its operating names and service expressions Brandon Mushlin Creative and Nextopoly CRM. These Terms apply to the entire JBH ecosystem, including all systems, workspaces, websites, domains, subdomains, CRM instances, funnels, landing pages, quiz systems, call tracking numbers, directories, mobile apps, forms, integrations, and all related communication or automation tools (collectively, the "Services").

By accessing, using, or logging into any portion of the Services, you agree to these Terms. If you do not agree, you may not use the Services.

1. Parties and Scope

1.1 These Terms apply to all users, including employees, contractors, partners, bankers, builders, assistants, advertisers, clients, vendors, and any person accessing any JBH-managed system.

1.2 These Terms govern all access methods, including mobile applications, web browsers, desktop interfaces, integrations authorized by JBH, and any white labeled or branded platform provided by JBH.

1.3 JBH, Brandon Mushlin Creative, and Nextopoly are unified service expressions of JBH. These Terms apply to all three without distinction.

1.4 These Terms govern all websites, marketing assets, lead forms, quizzes, call tracking tools, funnels, landing pages, directories, digital assets, and CRM systems owned or operated by JBH.

1.5 Use of any JBH-managed website, landing page, quiz, form, call tracking number, or digital property is subject to these Terms regardless of who pays for hosting, advertising, or traffic generation.

1.6 No other terms apply unless contained in a currently active signed written agreement with a defined term.

1.7 Use of the Services is also subject to the JBH Client Responsibility, Compliance, and Data Handling Agreement, and Global Privacy Policy, which is incorporated into these Terms by reference and binding upon all users.

2. Acceptance of Terms

2.1 By logging in, accessing, or using any part of the Services, you confirm that you have read, understand, and agree to these Terms.

2.2 The login screen for Nextopoly CRM provides a clear hyperlink to these Terms. Continued use constitutes acceptance.

2.3 JBH may require re-acceptance of Terms for certain features or compliance updates.

3. Relationship Between You and JBH

3.1 Use of the Services does not create any employment, partnership, joint venture, fiduciary duty, or agency relationship between you and JBH.

3.2 You do not gain any ownership interest in JBH, Brandon Mushlin Creative, Nextopoly CRM, or any related intellectual property by using the Services.

3.3 You do not gain any operational, managerial, or administrative rights over JBH systems, websites, content, assets, or infrastructure.

3.4 No exclusivity exists unless expressly stated in a currently active signed written agreement.

3.5 No user is granted any right to dictate operational decisions, feature development, workflow architecture, system configuration, or administrative control within the Services.

4. Definitions

4.1 "Commercial Agreement" means a currently active signed written agreement between you and JBH that expressly governs website leasing, rank and rent, CRM access, marketing services, or related products. Expired agreements do not qualify.

4.2 "Client Data" means information uploaded or transmitted by you, including contacts, tasks, notes, inquiries, messages, calls, emails, and other business data.

4.3 "System Data" means workflows, automations, reports, templates, scripts, tagging structures, layouts, content, and all internal system architecture created by JBH.

4.4 "System Assets" means websites, landing pages, funnels, directories, domains, quiz systems, digital content, creative assets, page structures, and any infrastructure operated by JBH.

4.5 "Regulated Data" means information subject to laws administered by federal or state financial regulators.

4.6 "PHI" means Protected Health Information (Personal Health Information) under HIPAA.

5. Global Application of These Terms

These Terms apply to all:

  • CRM accounts

  • Mobile apps

  • Web logins

  • Funnels, quiz systems, lead forms, and directories

  • Inbound call tracking and email routing

  • Landing pages, offers, content, and scripts

  • Builder systems, lender systems, brokerage systems

  • Rank and rent assets and leased website assets

  • Any digital system or property created, owned, or controlled by JBH

These Terms govern every JBH access point, without exception.

6. License to Use the Services

6.1 JBH grants a limited, revocable, non exclusive, non transferable license to use the Services for internal business purposes only.

6.2 JBH may suspend, limit, or revoke access at its discretion for misuse, security threats, non payment, or violation of these Terms.

6.3 Users may not demand, pressure, or attempt to obtain administrative level access. Admin rights remain solely with JBH.

7. Prohibited Activities and Data Extraction Restrictions

You may not:

  • Copy or extract data in bulk

  • Take screenshots or recordings for external storage

  • Use bots, scripts, scraping tools, or browser extensions

  • Attempt unauthorized integrations or API calls

  • Reverse engineer database structures or system logic

  • Replicate workflows in another CRM

  • Build competing systems using JBH logic

  • Bypass or manipulate user permissions

Any violation is a material breach and grounds for immediate suspension.

8. System Ownership (Websites Included)

All System Data and System Assets, including workflows, templates, funnels, scripts, automations, triggers, sequences, layouts, structures, system logic, website files, website content, domain structures, directories, landing pages, quiz systems, creative assets, and any related digital or technical materials, remain the exclusive property of JBH.

No user gains any ownership, proprietary interest, licensing rights, administrative rights, source access, backend access, or derivative rights under any circumstances.

9. Regulated Data, Retention, Compliance, and Deletion

9.1 PHI Prohibition
Users may not enter PHI (Protected Health Information, Personal Health Information) into any JBH system. JBH is not HIPAA compliant and does not sign Business Associate Agreements. Entry of PHI is prohibited.

9.2 Regulatory Retention
JBH may retain Client Data and communication logs for compliance with TCPA, OCC, CFPB, and financial record keeping laws. These records may not be deleted upon request.

9.3 Client Ownership in External Systems
If Client Data is routed to an external system chosen by the user, the user owns their copy of that data. However, this does not override JBH retention requirements.

9.4 No Mandatory Deletion
JBH will not delete data required for legal, audit, fraud prevention, or operational integrity. Client ownership does not create a right to demand deletion of compliance logs.

10. Data Export Policy and Fees

10.1 Exports require written authorization from JBH.

10.2 JBH prepares exports manually to ensure regulatory compliance.

10.3 Export Fees:

Five dollars per record

Minimum fee of one thousand five hundred dollars

10.4 Fees reflect administrative, compliance, and technical labor required for secure export preparation.

10.5 JBH may choose to reduce or waive export fees in writing for a specific request.

10.6 Unauthorized attempts to export or avoid fees constitute a breach.

10.7 JBH is under no obligation to provide raw source files, database access, schema information, backend access, or proprietary structural information as part of any export.

11. User Responsibilities

You are solely responsible for:

  • Responding to leads and inquiries

  • Honoring appointments and communication

  • Ensuring compliance with all communications

  • Reviewing, approving, and managing your own workflows

JBH is not responsible for lost opportunities, negative reviews, reputational harm, or compliance exposure due to user action or inaction.

JBH is not a lead vendor and does not sell individual leads. Incoming inquiries are benefits of marketing services, not purchased items.

12. Disclaimer of Warranties

The Services are provided "as is" and "as available." JBH disclaims all warranties, including implied warranties of merchantability, fitness for a particular purpose, and noninfringement.

JBH is not responsible for any delays, errors, outages, data loss, or performance issues caused by third party providers, including but not limited to telecommunications platforms, hosting providers, cloud software, carrier networks, or any services integrated into the platform.

13. Limitation of Liability

JBH will not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages.

JBH will not be liable for damages arising from any user communications, including TCPA related issues.

Total aggregate liability of JBH will not exceed five thousand dollars.

14. Indemnification

You agree to indemnify JBH against all claims arising from:

  • Your use of the Services

  • Your Client Data

  • Your communications

  • Your compliance violations

  • Your workflows, campaigns, and automation

This applies even if JBH assisted in configuration or drafting of workflows.

15. Expired Agreements and Month to Month Use

15.1 A Commercial Agreement is only in force when it is signed, has a defined term, and is unexpired.

15.2 When a Commercial Agreement expires:

  • Exclusivity ends immediately

  • Old obligations do not govern new behavior

  • Continued use is governed solely by these Terms

  • Disputes revert to Missouri arbitration under these Terms

16. Governing Law, Venue, and Arbitration

16.1 These Terms are governed by Missouri law.

16.2 Any dispute will be resolved by binding arbitration in the State of Missouri, at a location selected by JBH.

16.3 Each party bears its own legal fees unless awarded otherwise.

17. Changes to These Terms

JBH may update these Terms at any time. Updates take effect upon posting with an updated date. JBH may provide notice but is not required to. Continued use constitutes acceptance.

18. Entire Agreement

These Terms, together with any currently active Commercial Agreement expressly governing the Services, constitute the entire agreement between you and JBH.

Expired agreements do not apply to ongoing or renewed use.

19. Contact Information

Contact JBH through the contact methods listed at BrandonMushlin.com.

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