Terms of Service

1. Who these terms are between

These Terms of Service (“Terms”) are an agreement between Blender Brands, LLC (“we,” “us,” or “Pocket AGM”), a Texas limited liability company, and the business organization that accesses the Pocket AGM platform through any user it has invited or authorized (“you” or “Customer”). Individual users access Pocket AGM on behalf of an organization; the organization is the party bound by these Terms.

By creating an account, accessing the platform, or connecting any third-party integration, you agree to these Terms. If you do not agree, you must not use the platform.

2. What Pocket AGM is

Pocket AGM is a web-based platform that ingests operational data from point-of-sale systems and financial data from accounting systems, normalizes it, and renders dashboards, reports, and alerts to authorized users in your organization. Read access only — we do not write back to your POS, accounting, or any other connected system.

Specific features available at any time may change as we improve the platform. Material reductions in functionality you depend on will be communicated to organization administrators in advance.

3. Eligibility and access

Pocket AGM is a business-to-business service. Access today is by invitation only: an authorized administrator at your organization must invite each user, who then signs in via email magic link. You represent that:

• You are at least 18 years old and have authority to enter into these Terms on behalf of your organization.
• You will only invite users who are authorized agents of your organization (employees, contractors with a need to know, etc.).
• You will keep credentials secure and not share a sign-in with anyone.

You are responsible for everything done through any user account associated with your organization until that account is removed.

4. Connecting third-party services

Pocket AGM is most useful when you connect it to the third-party systems that already run your business — for example, QuickBooks Online for accounting and Toast for point-of-sale. By initiating a connection, you authorize Pocket AGM to read data from that system on your behalf.

Important points about those connections:

• Each connection is governed by the third party's own terms and privacy policy in addition to ours. We are not responsible for outages, pricing changes, or policy changes at Intuit, Toast, or any other vendor.
• You can revoke any connection at any time, both from inside Pocket AGM and from the third party's own admin tools.
• We use the read scopes documented in our Privacy Policy — nothing more.

5. Your data and our use of it

Data we receive from your connected systems and from your users (collectively, “Customer Data”) remains yours. You grant us a non-exclusive, worldwide license to host, copy, transmit, display, and process Customer Data solely to operate the platform and deliver its features to you. That license ends when you stop using the platform and ask us to delete the data.

We will not sell Customer Data, share it for advertising, or use it to train third-party AI models on your behalf. The full list of subprocessors and the constrained ways data flows to them is in our Privacy Policy.

6. Acceptable use

You agree not to:

• Reverse-engineer, decompile, or attempt to derive the source code of the platform
• Probe, scan, or test the platform's vulnerability without our written permission, or breach any security or authentication measures
• Access or attempt to access data belonging to a different customer organization
• Use the platform to violate any applicable law, infringe on anyone's rights, or transmit malware
• Resell, sublicense, or otherwise commercialize the platform, or use it to provide a competing service
• Use the platform in a way that disproportionately consumes our resources (excessive automated polling, scraping, etc.)

7. Fees

Today Pocket AGM is operated as an internal platform for Blender Brands and a limited set of partner organizations; pricing for external customers is handled separately by written agreement. If your organization is not on a written paid agreement, no fees are charged and no SLA is implied.

8. Service availability

We provide the platform on a commercially reasonable best-effort basis. We do not commit to any specific uptime percentage unless that commitment is in a written agreement signed by both parties. The platform depends on third-party systems (Vercel, Supabase, Intuit, Toast, etc.); when those systems are unavailable, the relevant Pocket AGM features will be too.

9. Disclaimer of warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT REPORTS AND METRICS WILL BE FREE FROM ANY INACCURACY. You are responsible for verifying metrics shown by the platform before relying on them for material business, tax, or legal decisions.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US FOR THE PLATFORM IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

11. Indemnification

You will defend, indemnify, and hold harmless Pocket AGM (Blender Brands, LLC and its officers, members, and employees) from and against any third-party claim arising out of (a) your or your users' breach of these Terms, (b) your violation of any law or rights of a third party, or (c) Customer Data you introduce to the platform that you did not have the right to share with us.

12. Confidentiality

Each party agrees not to disclose the other party's non-public business information learned in the course of using the platform, except to its own employees and contractors who need to know and are bound by similar confidentiality obligations, or as required by law.

13. Termination

You may stop using the platform at any time. We may suspend or terminate your access if you breach these Terms, if continued use creates a security risk, or if we are required to do so by law or by a vendor we depend on. We will give you reasonable notice where practical.

On termination, the license you granted us in Section 5 ends, except for archival or backup copies that are scheduled for deletion in the ordinary course of operations. You can request deletion of Customer Data at any time per the process in our Privacy Policy.

14. Governing law and venue

These Terms are governed by the laws of the State of Texas, USA, without regard to its conflict of laws rules. The exclusive venue for any dispute arising out of these Terms is the state or federal courts located in Dallas County, Texas, and both parties consent to the personal jurisdiction of those courts.

15. Changes to these Terms

We may revise these Terms from time to time. The “Effective” date at the top of this page will reflect the most recent revision. For material changes, we will notify organization administrators by email at least 30 days before the change takes effect; continued use after the change indicates acceptance.

16. Miscellaneous

These Terms (together with the Privacy Policy and any written agreement signed by both parties) are the entire agreement between you and us about the platform, and supersede any prior or contemporaneous understandings on the same subject. If any provision is held unenforceable, the rest of the Terms remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later. Neither party may assign these Terms without the other's written consent, except in connection with a merger, acquisition, or sale of substantially all of its assets.

Contact

Questions about these Terms? Write to:

Blender Brands, LLC
Attn: Legal — Pocket AGM
danny@blender-brands.com