ProCount Terms of Use

Effective date: October 2, 2026 Last updated: October 2, 2026

These Terms of Use ("Terms") are a legal agreement between you and Jack's Inventory Consulting, LLC, a California limited liability company doing business as ProCount ("ProCount," "we," "us"). They govern your use of:

• the ProCount – Inventory Scanner iOS app (the "Scanner App");
• the ProCount Financial Inventory iOS app (the "Financial App"); and
• our website procountusa.com, including any count-invite pages (together with the apps, the "Services").

Part 1 applies to all Services. Part 2 adds terms for the Scanner App, and Part 3 adds terms for the Financial App. Part 4 contains terms Apple requires.

By downloading, accessing or using the Services, including joining a count as an invited counter, you agree to these Terms and to our Privacy Policy (https://www.procountusa.com/privacy). If you use the Services on behalf of a company, you confirm that you're authorized to accept these Terms for it, and "you" includes that company. If you don't agree, don't use the Services.

Part 1: All Services

1.1 Apple's Standard EULA

If you got one of our apps from Apple's App Store, these Terms apply alongside Apple's Licensed Application End User License Agreement (the "Standard EULA," https://www.apple.com/legal/internet-services/itunes/dev/stdeula/). If these Terms and the Standard EULA conflict on a matter the Standard EULA governs, the Standard EULA controls as between you and Apple. Part 4 also applies.

1.2 Eligibility

You must be at least 18 years old (or the age of majority where you live) and able to form a binding contract. The Services are designed for business use and aren't directed to children under 13.

1.3 Subscriptions, free trials and automatic renewal

Plans and prices. Prices are in U.S. dollars. The App Store shows local prices and any taxes before you buy, and the price shown at purchase applies.

Automatic renewal.

• Your subscription renews automatically at the price shown (or a new price we've notified you of), for the same renewal period, until you cancel.
• Payment is charged to your Apple ID account when you confirm your purchase. If you start a free trial, payment is charged when the trial ends, unless you cancel at least 24 hours before the trial ends.
• Each renewal is charged within the 24 hours before the current period ends, unless you turn off auto-renew at least 24 hours before the end of the current period.
• How to cancel: on your iPhone, open Settings › your name › Subscriptions, select the ProCount subscription, and tap Cancel Subscription. You can also manage subscriptions at https://apps.apple.com/account/subscriptions. Cancellation takes effect at the end of the current paid period. Deleting an app or your account doesn't cancel a subscription.
• If you buy a subscription during a free trial, any unused part of the trial ends.
• If a price increases, Apple will notify you, and ask for your consent where Apple's rules require it, before the new price applies. You can cancel before the new price takes effect.

Refunds. Apple processes all App Store purchases, so refunds are handled by Apple under its policies (https://reportaproblem.apple.com). We can't issue refunds for App Store purchases.

1.4 Not professional advice

The Services are tools for counting and calculating. We aren't accountants, appraisers, auditors, insurance advisers, business brokers or lawyers, and nothing in the Services, exports or reports is accounting, tax, appraisal, valuation, audit, insurance, investment or legal advice. You're responsible for the accuracy of your counts and for how you use the results.

1.5 Acceptable use

You agree not to:

• (a) copy, modify, translate or create derivative works of the Services, except as the law expressly permits;
• (b) decompile, disassemble, reverse engineer, or attempt to derive the source code, algorithms, database structure or non-public APIs of the Services or our servers, except to the extent applicable law expressly permits it despite this restriction;
• (c) scrape, crawl or use automated means to access our servers or other users' data, or probe, scan or test the vulnerability of our systems;
• (d) bypass or interfere with security features, subscription checks, usage limits or watermarks;
• (e) rent, lease, sell, sublicense or redistribute the Services, or use them to build a competing product;
• (f) upload unlawful content, or content you don't have the right to use;
• (g) use the Services in violation of any law; or
• (h) misuse count share links or join codes, including posting them publicly, sharing them with anyone the count owner didn't intend to invite, using a link or code after your access was revoked or expired, trying to guess or generate codes, or using another person's display name.

1.6 Our intellectual property

The Services, including their code, design, screens, text, graphics, icons, report layouts and the names and logos ProCount™ and ProCount Financial Inventory™, are owned by Jack's Inventory Consulting, LLC and its licensors and are protected by copyright, trademark and other laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Services for your internal business purposes in accordance with these Terms. We reserve all rights not expressly granted. You may not use our names, logos or app designs without our written permission, except to refer accurately to our products. If you send us feedback or suggestions, we may use them without obligation to you.

1.7 Your content

You keep ownership of the data you enter into the Services ("Your Content"). You give us a limited license to host, store, process, transmit and display Your Content only as needed to operate, secure, support and improve the Services and as described in our Privacy Policy. You're responsible for Your Content and for having the right to enter it, including any information about your clients, stores or workers.

1.8 Disclaimer of warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, THAT DATA WILL NEVER BE LOST, OR THAT COUNTS, TOTALS, EXPORTS OR REPORTS WILL BE ACCURATE OR COMPLETE. YOU ARE RESPONSIBLE FOR REVIEWING YOUR COUNTS, FOR MAKING SURE EXPORTED FILES AND REPORTS ARE SUCCESSFULLY SENT AND RECEIVED, AND FOR KEEPING YOUR OWN COPIES OF IMPORTANT DATA. WE ARE NOT LIABLE FOR DATA-ENTRY ERRORS, DATA LOST BECAUSE OF DEVICE FAILURE, OR DISCREPANCIES IN INVENTORY COUNTS OR AUDITS.

1.9 Limitation of liability

TO THE EXTENT PERMITTED BY LAW: (A) WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, INVENTORY, DATA OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF WE WERE ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM OR US$50. THESE LIMITS APPLY TO COUNTS, REPORTS AND VALUATIONS, INCLUDING THOSE DESCRIBED IN SECTION 3.2. SOME JURISDICTIONS DON'T ALLOW CERTAIN LIMITATIONS, SO SOME OF THESE MAY NOT APPLY TO YOU.

1.10 Indemnity

You'll defend, indemnify and hold harmless Jack's Inventory Consulting, LLC and its members, employees and agents from third-party claims arising out of Your Content, your use of the Services in violation of these Terms or the law, or your dealings with your clients, buyers, sellers, insurers or workers.

1.11 Termination

You may stop using the Services at any time, and delete your account in the app (where offered) or by emailing jack@procountusa.com. We may suspend or end your access if you violate these Terms or if we discontinue the Services. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitation of liability, indemnity and governing law, will survive. Ending your access doesn't cancel an Apple subscription; cancel it as described in Section 1.3.

1.12 Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Services will be brought only in the state or federal courts located in Sacramento County, California, and you and we consent to the jurisdiction of those courts. Either party may instead bring an individual claim in small claims court if it qualifies. Before filing a claim, each party agrees to try to resolve the dispute informally for 30 days after written notice to the other. Nothing in these Terms limits any rights you have under consumer protection laws that can't be waived by contract.

1.13 Changes to these Terms

We may update these Terms. We'll post the new version at https://www.procountusa.com/terms and update the "Last updated" date. For material changes, we'll also give notice in the Services or by email before the changes take effect. If you keep using the Services after changes take effect, you accept the updated Terms.

1.14 General

These Terms, together with the Privacy Policy, are the entire agreement between you and us about the Services. If any provision is unenforceable, the rest stays in effect. Our failure to enforce a provision isn't a waiver. You may not assign these Terms; we may assign them to an affiliate or a successor. California users: under California Civil Code §1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

1.15 Contact

Jack's Inventory Consulting, LLC (dba ProCount) PO Box 1221, Rancho Cordova, CA 95741-1221, USA Email: jack@procountusa.com Support: https://www.procountusa.com/support

Part 2: ProCount Scanner App

2.1 What the Scanner App does

The Scanner App lets you count inventory by scanning barcodes with your device's camera or entering items manually, adjust quantities, and export count sheets as spreadsheet files. It's a utility for scanning and counting inventory. You're responsible for the accuracy of your counts, for making sure your exports arrive, and for how you use exported data.

2.2 Accounts

If you create an account, keep your login details confidential. You're responsible for activity under your account. You can ask us to delete your account at any time (see the Privacy Policy).

2.3 Camera

The Scanner App asks for camera access only to scan barcodes. You can turn camera access off in iOS Settings, but scanning won't work without it.

Part 3: ProCount Financial Inventory

3.1 What the Financial App does

When available, the Financial App lets you record a dollar-value inventory count by area and category (price × quantity), apply margin percentages you choose to estimate cost, and create PDF reports that you share or print from your device. Optional features may include Sign in with Apple, cloud backup and sync, and team counting with share links.

3.2 Reports are estimates

• Report figures are estimates: arithmetic on data entered by you and your counters. This includes retail totals, cost figures calculated from the margin percentages you enter, blended margins and area or category totals. Reports aren't certified appraisals, audits, inventory certifications or opinions of value, and they aren't prepared under GAAP, USPAP or any auditing or appraisal standard.
• Ownership-transfer counts. If you use the Financial App in a store sale, purchase or other transfer of ownership, including reports with buyer and seller signature lines, you and the other parties are solely responsible for verifying the count, prices, margins and totals before relying on them, for example before setting a price, making an adjustment or signing. We aren't a party to, agent for, escrow for or guarantor of any transaction, and we owe no duty to any buyer, seller, broker, lender or other party. Signature lines are provided for convenience only.
• Insurance and other uses. It's up to each insurer, adjuster, lender, tax authority or court whether to accept a report. We don't promise that any third party will accept one.
• For tax, accounting, valuation or legal decisions, consult a qualified professional such as a CPA, licensed appraiser or attorney.

3.3 Accounts

If you choose to sign in with Apple, you're responsible for activity under your account. You can delete your account in the app's account settings or by email (see the Privacy Policy).

3.4 Team sharing

If you use team sharing:

• Owners on the Team plan can invite counters with a share link, join code or QR code. Links and codes expire after 4, 12 or 24 hours (the owner chooses), or sooner if the owner revokes access or closes the count. Fair use is about 10 simultaneous counters per count.
• Owners are responsible for: inviting only people they're allowed to share the count with; telling counters that their display name and entries will be visible to the owner and included in reports; revoking access when appropriate; and their relationship with their counters, including any pay or employment obligations.
• Counters join with a display name. Their entries become part of the owner's count and records, even after their access ends.
• Share links and codes are for the invited count only. The share-link rules in Section 1.5(h) apply.

3.5 Watermark

Reports are watermarked until you have a paid subscription, including during a free trial. If you choose to remove the watermark during a trial, the watermark is removed when you commit to the subscription, and billing starts when the trial ends, unless you cancel at least 24 hours before it ends. No separate fees are charged for share links.

Part 4: Apple App Store terms

If you downloaded one of our apps from Apple's App Store, the following terms also apply and take priority over anything in these Terms that conflicts with them:

1. Parties. These Terms are between you and Jack's Inventory Consulting, LLC only, not Apple Inc. ("Apple"). We, not Apple, are solely responsible for the app and its content.
2. Scope of license. Your license to use the app is limited to a non-transferable license to use it on Apple-branded products that you own or control, as permitted by the Usage Rules in the Apple Media Services Terms and Conditions. Family Sharing and other Apple features may let the app be used by other accounts associated with you.
3. Maintenance and support. We alone are responsible for maintenance and support of the app, as described in these Terms or as required by law. Apple has no obligation to provide any maintenance or support for the app.
4. Warranty. We are responsible for any product warranties, whether express or implied by law, to the extent they aren't effectively disclaimed. If the app fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app to you. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the app. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to a warranty are our responsibility, to the extent not disclaimed.
5. Product claims. We, not Apple, are responsible for addressing any claims by you or a third party relating to the app or your possession or use of it, including: (i) product liability claims; (ii) any claim that the app fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar laws.
6. Intellectual property claims. If a third party claims that the app or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, are solely responsible for the investigation, defense, settlement and discharge of that claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. Questions, complaints or claims about the app: Jack's Inventory Consulting, LLC (DBA ProCount), PO Box 1221, Rancho Cordova, CA 95741-1221, USA; email: jack@procountusa.com.
9. Third-party terms. You must comply with applicable third-party terms of agreement when using the app (for example, your wireless data service agreement).
10. Third-party beneficiary. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms. Once you accept these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce them against you as a third-party beneficiary.