Terms of Use

1. Acceptance of the Terms

You must accept these Terms to use the Service. The current version of these Terms is presented during account onboarding and you are required to accept prior to first use.

2. Eligibility and Authority

You represent that you are at least 18 years old, that you have the authority to enter into these Terms on behalf of the dealership, business, or other entity you represent, and that the information you provide to us is accurate and current. If you accept these Terms on behalf of an entity, you represent that you are authorized to bind it.

3. Description of the Service

Pocket20 is an operational and financial analysis tool for automotive dealerships. Using financial statements and other operating data that you provide, the Service identifies where a store may be underperforming relative to benchmarks, estimates the dollar impact of those gaps, suggests operational areas to investigate, and tracks selected metrics over time. The Service produces informational analysis only. It does not make decisions for you, and its outputs depend entirely on the accuracy and completeness of the data you provide.

Pocket20 is an independent product and is not affiliated with, endorsed by, or sponsored by any vehicle manufacturer, dealer management system, twenty-group organization, or any other third party, except as expressly stated in writing.

4. Not Legal, Compliance, Tax, or Other Professional Advice; Your Compliance Responsibility

Informational only. The Service, and all analysis, benchmarks, suggestions, question prompts, and other content it provides, are for general informational and operational purposes only. They are not, and must not be relied upon as, legal, regulatory, compliance, tax, accounting, financial, investment, or other professional advice. Pocket20 is not your attorney, accountant, compliance officer, or advisor, and no such relationship is created by your use of the Service.

Your compliance responsibility. You are solely responsible for operating your dealership in compliance with all applicable federal, state, and local laws, rules, and regulations, across every area of your business, including without limitation: vehicle sales and pricing; finance and insurance (F&I), lending, and rate participation; advertising and marketing; service and repair authorization; parts; warranty claims and reimbursement; employment, wage-and-hour, and pay practices; consumer protection and disclosure; privacy and data security; and environmental and safety requirements.

Independent professional review. Before acting on anything the Service provides, you should obtain advice from your own qualified legal, compliance, tax, and accounting professionals who are familiar with your circumstances and jurisdiction. You are responsible for determining whether any action is appropriate and lawful for your business.

No assurance of compliance or results. We make no representation that following any suggestion provided by the Service will achieve any particular result or will satisfy, or avoid violating, any law, rule, regulation, manufacturer requirement, or contractual obligation.

5. Accounts, Registration, and Security

To use the Service you must register for an account and provide accurate registration information. You are responsible for safeguarding your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorized use or suspected security breach. We may authenticate accounts through third-party single sign-on or other identity providers, and your identity within the Service is tied to your authenticated account rather than to any document you upload.

6. Authorized Users and Owner Controls

Customer may permit its personnel and representatives ("Authorized Users") to access the Service under Customer's account, subject to these Terms and any seat or rooftop limits in your subscription. Account ownership and administrative controls, including the ability to invite or remove Authorized Users and to control access to a given store's data, rest with the account owner or its designated administrators. Customer is responsible for its Authorized Users' compliance with these Terms.

7. Subscriptions, Fees, and Payment

Access to the Service is sold on a subscription basis, priced per rooftop and per plan tier as set out in your order, sign-up flow, or current pricing page (your "Order"). Unless your Order states otherwise, subscriptions renew automatically for successive periods, and fees are billed in advance and are non-refundable. We may use third-party payment processors to bill you; you authorize those charges. We may change fees for future periods on prior notice. You are responsible for applicable taxes other than taxes on our net income.

8. Customer Data and the License You Grant Us

Your data. "Customer Data" means the financial statements, operating data, and other information you or your Authorized Users submit to the Service. Pocket20 does not own Customer Data nor have any responsibility for the accuracy, completeness, or security of Customer Data, and you represent that you have the rights necessary to provide it to us and to grant the licenses below.

License to operate the Service. You grant Pocket20 a worldwide, non-exclusive license to host, process, transmit, display, and otherwise use Customer Data to provide, secure, maintain, and support the Service for you.

License to improve and benchmark. You also grant Pocket20 a perpetual, worldwide, royalty-free license, revocable upon request, to create and use information from Customer Data that has been stripped of identifying details ("De-Identified Data") to operate, develop, and improve the Service, to generate benchmarks and aggregated insights, and for other lawful business purposes.

9. Aggregated Data

De-Identified Data may be retained indefinitely and combined with data from other customers to produce benchmarks and aggregated, anonymized insights. We do not sell Customer Data that identifies you.

10. Privacy

Our collection and use of personal information in connection with the Service will be in accordance with any then-current privacy-related policies maintained by Pocket20, which policies are incorporated into these Terms by reference.

11. Acceptable Use and Restrictions

You will not, and will not permit any Authorized User or third party to:

• use the Service in violation of any law or these Terms, or to submit data you do not have the right to submit;
• resell, sublicense, rent, or provide the Service to a third party except as expressly permitted by your Order;
• copy, modify, reverse engineer, decompile, or attempt to derive the source code, models, or benchmarks of the Service, except as permitted by law;
• access or use the Service to build or train a competing product or service, or to benchmark against us for competitive purposes;
• interfere with or disrupt the integrity or performance of the Service, or attempt to gain unauthorized access to it or its related systems; or
• upload malicious code or use the Service to store or transmit infringing, unlawful, or tortious material.

12. Intellectual Property

The Service, including its software, user interfaces, models, benchmark libraries, diagnostics, documentation, and all related intellectual property, is and remains the exclusive property of Pocket20. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service during your subscription, solely for your internal business purposes and subject to these Terms. We reserve all rights not expressly granted. Any feedback you provide may be used by us without restriction or obligation to you.

13. Confidentiality

Each party may receive the other's non-public information ("Confidential Information"). The receiving party will make reasonable efforts to protect such Confidential Information, use it only to perform under these Terms, and not disclose it except to representatives who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the receiving party, independently developed, or rightfully obtained from a third party.

14. Third-Party Materials

The Service may interoperate with or reference third-party materials, data sources, or services (for example, manufacturer statement formats or industry benchmark sources). We do not control and are not responsible for third-party materials or services, and your use of them may be subject to their own terms.

15. Disclaimer of Warranties

THE SERVICE AND ALL CONTENT AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE'S ANALYSIS, BENCHMARKS, OR ESTIMATES ARE ACCURATE, COMPLETE, OR ERROR-FREE, OR THAT THE SERVICE WILL BE UNINTERRUPTED OR SECURE. YOU ARE RESPONSIBLE FOR REVIEWING AND VERIFYING ALL OUTPUTS BEFORE RELYING ON THEM.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. POCKET20'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED BY LAW.

17. Indemnification

You will defend, indemnify, and hold harmless Pocket20 and its officers, members, managers, employees, and agents from and against any third-party claims, and any resulting losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees), arising out of or relating to: (a) your Customer Data; (b) your use of the Service; (c) your operation of your business, including any actual or alleged violation of law or regulation; or (d) your breach of these Terms.

18. Term, Suspension, and Termination

These Terms apply while you have an account or use the Service. We may suspend or terminate your access if you breach these Terms, fail to pay, or create risk or legal exposure for us or others. You may stop using the Service and cancel as described in your Order. Upon termination, your right to use the Service ends; provisions that by their nature should survive (including Sections 4, 8–17, and 20–21) will survive. We handle Customer Data after termination as described in Section 9 and our Privacy Policy.

19. Changes to the Service and these Terms

We may modify or discontinue features of the Service at any time. We may also update these Terms. If we make material changes, we will provide notice (for example, in-app or by email) to you. Changes are effective when posted or on the stated effective date. By continuing to use the Service after changes are made effective, you agree to the updated Terms.

20. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Indiana. The parties agree to the exclusive jurisdiction and venue of the state and federal courts located in St. Joseph County, Indiana for any dispute not subject to arbitration.

21. Miscellaneous

Entire agreement. These Terms, together with your Order and any policies referenced here, are the entire agreement between the parties regarding the Service and supersede prior agreements on the subject.

Severability. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision will be modified to the minimum extent necessary.

Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Notices; waiver; headings. Notices will be given as set out in your Order or account settings. A failure to enforce a provision is not a waiver. Headings are for convenience only.

Independent contractors. The parties are independent contractors; these Terms create no partnership, agency, or joint venture.

22. Contact

Questions about these Terms may be sent to Pocket20 (JBC Holdings LLC) at support@pocket20.app, or by mail to 500 W Waterford St, Wakarusa Olive Township, IN 46573.