Terms of Service

These Terms are effective as of July 24, 2026 (the “Effective Date”), unless a later “Last updated” date is shown on this page. We may revise these Terms from time to time. Material changes will be indicated by updating the “Last updated” date. Continued use of the Service after changes become effective constitutes acceptance of the revised Terms.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and “you” includes that organization.

Our Privacy Policy describes how we collect and process personal information, including de-identified Insights derived from evaluation data. Additional product-specific terms (for example, order forms or enterprise agreements) may apply and, if they conflict with these Terms, those specific terms control for the covered subject matter.

The Service is intended for business and professional use. To create an account or use the Service, you must:

• Be at least 18 years of age (or the age of majority in your jurisdiction, if higher).
• Have the legal capacity to enter into a binding contract.
• Provide accurate, current, and complete registration information and keep it updated.
• Not be barred from using the Service under applicable law or under any prior suspension or termination by Pocular.

You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us promptly at support@pocular.com if you suspect unauthorized access.

Workspace administrators may control membership, roles, and access to projects and content within their organization. You agree to use the Service only in accordance with the permissions granted by your organization.

We may refuse registration, reclaim usernames, or require additional verification when reasonably necessary to protect the Service or other users.

Paid features of the Service (including Project Credits and any subscription plans we offer) are processed through Stripe, Inc. (“Stripe”). By making a purchase, you also agree to Stripe’s applicable terms and privacy policy.

Prices, taxes, and billing intervals are shown at checkout or in your order confirmation. Except where required by law or expressly stated otherwise, fees are non-refundable once credits or entitlements have been issued.

You authorize us and Stripe to charge your selected payment method for amounts due. Failure to pay may result in suspension or termination of paid features. You are responsible for keeping billing information accurate.

We do not store full payment card numbers. Card data is handled by Stripe as described in our Privacy Policy.

You agree not to misuse the Service. Prohibited activities include, without limitation:

• Violating any applicable law, regulation, or third-party right (including privacy, publicity, and intellectual property rights).
• Uploading or sharing malware, ransomware, or other harmful code.
• Attempting to gain unauthorized access to the Service, other accounts, systems, or networks.
• Interfering with or disrupting the Service, including denial-of-service attacks or overloading infrastructure.
• Scraping, crawling, harvesting, or systematically extracting data from the Service except through documented APIs we expressly authorize, or as allowed by applicable law.
• Using automated means (bots, scripts, or similar) to create accounts, send invites, or interact with the Service in a way that abuses rate limits or circumvents security.
• Impersonating any person or entity, or misrepresenting your affiliation with a customer, vendor, or organization.
• Uploading content that is unlawful, defamatory, harassing, fraudulent, or that you do not have the right to share.
• Using the Service to compete unfairly with Pocular, reverse engineer non-public aspects of the Service (except to the extent such restriction is prohibited by law), or resell access without our prior written consent.
• Circumventing usage limits, credit systems, or access controls.

The Service allows you and your organization to post, upload, and share content such as comments, documents, images, project data, use cases and requirements (including titles, descriptions, success criteria, priorities, categories, and business-impact fields), scores, vendor responses, and related materials (“User Content”).

You retain ownership of your User Content. You grant Pocular a worldwide, non-exclusive, royalty-free, perpetual, irrevocable license to host, store, process, transmit, display, and otherwise use User Content (a) to operate, secure, and improve the Service and fulfill our obligations to you and your organization; and (b) to create Aggregated Data and Insights as described in Section 7, including for product development, analytics, benchmarking, recommendation features, and other commercial purposes.

You represent that you have all rights necessary to submit User Content and that doing so does not violate these Terms or any third-party rights. Organizations are responsible for how their members use and share User Content within workspaces and POC projects.

We do not claim ownership of your identifiable customer evaluation data as stored in your workspace. Subject to confidentiality and access controls in the product, buyer and vendor parties remain responsible for what they choose to share with each other.

We may remove or restrict User Content that we reasonably believe violates these Terms, applicable law, or the rights of others.

Pocular is a B2B decision engine for software Proof of Concept evaluations. In providing the Service, we collect and process evaluation data—including use cases and requirements, priorities, industries or segments associated with projects or organizations, business-impact information, vendor capability and response patterns, scores, and related workflow metadata—to understand market demand and technical fit.

You acknowledge and agree that Pocular may create, maintain, and use de-identified, anonymized, and/or aggregated datasets derived from User Content and Service usage (“Aggregated Data” or “Insights”). Aggregated Data is designed so that it does not reasonably identify you, your organization, or any individual person. Examples of Insights we may derive include:

• Which use cases and requirement patterns are commonly requested in the market.
• Which categories of vendors or solution types tend to address those use cases.
• What business impacts customers associate with those use cases (for example, priority, category, or impact fields entered in the Service).
• Industry-, role-, or priority-based patterns that help match evaluators and vendors.

Pocular owns all right, title, and interest in Aggregated Data, Insights, and any knowledge graph, models, indexes, benchmarks, reports, or recommendation systems we build from them. Subject to applicable law and our Privacy Policy, we may use Aggregated Data for any lawful purpose, including without limitation:

• Internal product research, quality, security, and feature development.
• Market research, industry benchmarking, and commercial insights products.
• Powering recommendation, matching, or discovery features (for example, suggesting use cases, priorities, vendors, or evaluation approaches based on anonymized patterns across use case, priority, industry, and business-impact data).
• Licensing, selling, or otherwise monetizing Aggregated Data or Insights to third parties, provided personal information and confidential identifiable customer content are not disclosed.

Except as needed to provide the Service to the relevant parties, as required by law, or with your (or your organization’s) authorization, we will not sell or publicly disclose your identifiable User Content—such as named workspace identities, private evaluator notes, confidential documents, or non-anonymized project details—as a standalone product.

Anonymization and aggregation techniques may evolve over time. If re-identification becomes reasonably possible, we will treat the data as personal or confidential information under our Privacy Policy and applicable law until it is again adequately de-identified.

Nothing in this Section transfers ownership of your identifiable User Content to Pocular, or grants other customers access to your private workspace data beyond what the product’s access controls already allow.

The Service—including software, design, text, graphics, logos, trademarks, documentation, Aggregated Data, Insights, and knowledge-graph or recommendation assets—is owned by Pocular LLC or its licensors and is protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, no rights are transferred to you.

“Pocular,” the Pocular logo, and related marks are trademarks of Pocular LLC. You may not use our marks without prior written permission, except as needed to truthfully refer to the Service.

Feedback, suggestions, or ideas you submit about the Service may be used by Pocular without obligation or compensation to you.

User Content remains owned by you or your licensors as described in the User Content section above, subject to the licenses and Aggregated Data rights in Sections 6 and 7.

Our collection and use of personal information is described in our Privacy Policy. Depending on your location and how you use the Service, laws such as the EU General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA), as amended, may provide you with certain rights regarding personal information.

De-identified and aggregated Insights described in Section 7 are generally not personal information once adequately anonymized. Where applicable privacy laws treat such processing differently, we will comply with those laws.

If you process personal data of others through the Service (for example, teammate or vendor contact details), you are responsible for having a lawful basis to do so and for providing any required notices to those individuals.

Where we act as a processor for an organization customer, we process personal data according to our agreement with that customer and applicable law.

We strive to keep the Service reliable but do not guarantee uninterrupted, error-free, or completely secure operation. Features may change, and we may modify, suspend, or discontinue parts of the Service with reasonable notice when practicable.

Optional AI-assisted features (such as document import or report generation) and any future recommendation or matching features are provided as tools to assist your workflow. Outputs may be inaccurate or incomplete; you remain responsible for reviewing results before relying on them for business decisions.

You may stop using the Service at any time and may request account closure by contacting us at support@pocular.com or through in-product account settings where available. Workspace administrators may remove members from their organizations.

We may suspend or terminate your access immediately if you materially breach these Terms, fail to pay amounts due, create risk of harm to the Service or other users, or if required by law.

Upon termination, your right to use the Service ends. We may retain certain data as required by law, for legitimate business purposes (such as billing records), or as described in our Privacy Policy. Aggregated Data and Insights derived before termination may be retained and used as described in Section 7. Provisions that by their nature should survive (including intellectual property, Aggregated Data rights, limitation of liability, indemnification, and governing law) will survive termination.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCULAR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCULAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POCULAR’S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO POCULAR FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).

Some jurisdictions do not allow certain warranty disclaimers or liability limitations; in those jurisdictions, our liability is limited to the fullest extent permitted by law.

You agree to indemnify, defend, and hold harmless Pocular and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your User Content; (b) your use of the Service in violation of these Terms or applicable law; or (c) your infringement of any third-party right.

These Terms are governed by the laws of the State of California, United States, without regard to its conflict-of-law principles, except where mandatory consumer protection laws in your country of residence require otherwise.

Except where prohibited by applicable law, you and Pocular agree that exclusive jurisdiction and venue for disputes arising out of or relating to these Terms or the Service will lie in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.

Nothing in these Terms limits either party’s right to seek injunctive or other equitable relief for intellectual property or unauthorized access claims.

These Terms, together with the Privacy Policy and any applicable order forms or enterprise agreements, constitute the entire agreement between you and Pocular regarding the Service and supersede prior agreements on the same subject.

If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our prior written consent; we may assign them in connection with a merger, acquisition, or sale of assets.

Notices to you may be sent to the email associated with your account or posted in the Service. Notices to us should be sent to the contact details below.

For legal inquiries regarding these Terms, contact:

• Pocular LLC
• California, USA
• Email: support@pocular.com
• Website: https://pocular.com