Terms of Use

Two kinds of users

These Terms apply to everyone, but some sections apply only to one group.

Consumers use our calculator to estimate the tax impact of selling a home. Sections that apply specifically to you are marked.

Subscribers are real estate professionals who pay for a Pocket Tax Pro account and a branded calculator page. Sections that apply specifically to you are marked, and you should read "Subscriber Lead Obligations" closely, because it describes responsibilities you take on personally.

The estimate is an estimate

The Services produce an estimate only. They do not produce an accurate prediction of the tax you will owe, and they are not tax advice, legal advice, accounting advice, or investment advice.

The accuracy of any output depends on the information you enter and on factors the Services do not evaluate, including changes in federal, state, or local tax law; your filing status and full income picture; depreciation, basis adjustments, and prior deferrals; the availability of exclusions, deductions, credits, phase-outs, and offsets; alternative minimum tax; net investment income tax; and state and local tax treatment.

No professional relationship is created. Using the Services does not make us your accountant, attorney, or advisor. Before acting on any number produced by the Services, consult a qualified tax professional about your specific circumstances.

Eligibility

You must be at least 18 years old to use the Services. By using the Services you represent that you are 18 or older, that the information you provide is accurate, that you have the authority to agree to these Terms, and that you are not subject to any legal disability or contractual restriction that prevents you from doing so. The Services may not be available to Users we have previously removed.

Your account

If you create an account, you are responsible for the accuracy of the information you provide, for keeping your credentials confidential, and for all activity under your account. Notify us promptly at support@pockettaxpro.com if you believe your account has been compromised. We strongly recommend enabling two-factor authentication.

We do not text consumers

We do not send text messages to consumers who use the calculator. A real estate professional may contact you if you requested contact. That is their communication, not ours, and these Terms do not govern it.

Consumer home value requests

The calculator is free and you can use it without providing a phone number or property address. Those fields are optional.

If you provide them and submit a home value request, you are asking to be contacted, and we will send the information described in our Privacy Policy to one real estate professional. If you used our main calculator rather than a page branded to a specific agent, you will not know who receives your information until they contact you. We send each request to one professional at a time.

Referral compensation. Dan Mullen, a principal of GYFST, LLC, holds an active real estate license. When we refer you to a real estate professional, we may receive a referral fee from that professional or their brokerage if you complete a purchase or sale with them. You do not pay this fee; it is paid from the commission earned on the transaction. We disclose this because we have a financial interest in referring you. You are free to work with any professional you choose, or none, and nothing in these Terms obligates you to work with anyone we refer.

How we choose who to refer you to. We select one professional we believe is licensed to serve your area. Our choice may take into account things like their service area, their availability, their experience, and our own prior dealings with them. We do not follow a fixed process, we do not weigh the same factors for every referral, and in some areas our choice may come down to who is available.

We do not vet anyone. We do not conduct background checks, independently verify licensure, review disciplinary or complaint history, evaluate customer satisfaction, or investigate any professional in any other way. Referring a professional to you is not an endorsement, not a recommendation of their suitability for your situation, and not a guarantee of their conduct, competence, or results.

Real estate professionals who receive your information are independent businesses. They are not our employees, agents, partners, or representatives. Any relationship you form with one of them is between you and them. We are not a party to it and we are not responsible for it. Interview any professional yourself, confirm their license with your state regulator, and make your own decision.

If you want a professional to stop contacting you, tell them directly. You may also email us at privacy@pockettaxpro.com and we will forward the request, but we cannot control information a third party already holds.

License to use the Services

Subject to these Terms, we grant you a non-exclusive, limited, non-transferable, revocable license to use the Services. We reserve all rights not expressly granted. We may terminate this license at any time.

If you are a subscriber, you grant us a non-exclusive, revocable license to use the trademarks, logos, and branding you submit, solely to create and operate your branded calculator page.

Prohibited uses

You agree not to:

1. Copy, distribute, or disclose any part of the Services in any medium, including by automated scraping
2. Use any robot, spider, offline reader, or other automated system to access the Services in a manner that sends more requests to our servers than a person could reasonably produce using a conventional browser
3. Transmit spam, chain letters, or unsolicited email through the Services
4. Interfere with, compromise, or attempt to decipher the security or integrity of the Services or any transmissions to or from our servers
5. Impose an unreasonable or disproportionately large load on our infrastructure
6. Upload invalid data, viruses, worms, or other harmful code
7. Impersonate another person, misrepresent your affiliation with a person or entity, conduct fraud, conceal your identity, or engage in phishing or misleading linking
8. Interfere with the proper working of the Services
9. Upload content that is illegal, sexual or pornographic, features child exploitation material, or links to such material
10. Submit another person's personal information to the calculator without their knowledge and permission
11. Use the Services, or any information obtained through them, in a way that violates any applicable law, including consumer protection, telemarketing, fair housing, real estate licensing, or privacy law

Subscriber Lead Obligations

This section applies to subscribers. It describes obligations you take on when you receive consumer contact information through the Services.

You are solely responsible for your communications. You are solely responsible for every call, text message, and email you send to a lead generated through the Services, and for complying with all laws governing those communications, including the Telephone Consumer Protection Act, the Telemarketing Sales Rule, state telemarketing and calling-time statutes, the National Do Not Call Registry and applicable state do-not-call lists, CAN-SPAM, applicable carrier and CTIA messaging requirements, and the advertising and solicitation rules of your real estate licensing authority and any applicable MLS or REALTOR association.

What the consumer consented to, and what they did not. A consumer's home value request is a one-time inquiry directed to a real estate professional. It is not consent to autodialed or prerecorded calls, it is not consent to ongoing marketing, it is not consent to be added to a drip campaign or a mass texting list, and it may not be treated as any of those things. If you want to communicate with a lead beyond responding to their inquiry, you are responsible for obtaining whatever consent the law requires, from them, directly, and for maintaining your own records of it.

Honor opt-outs. You must honor any request to stop contacting a consumer promptly, and in any event within the time the law requires. You must maintain your own internal do-not-call and do-not-text records.

No resale or transfer. You may not sell, transfer, license, trade, or otherwise disclose lead contact information obtained through the Services to any other person or entity, including other agents, lenders, insurers, title companies, home warranty companies, or lead aggregators. You may share it with your own staff and service providers only to the extent necessary to respond to the lead, and only under obligations at least as protective as this section.

Use limitation. You may use lead information only to respond to the consumer's request and to conduct real estate brokerage services with them. You may not use it for any unrelated purpose.

Security and deletion. You must protect lead information with reasonable safeguards. If we tell you a consumer has asked us to have their information deleted, you must delete it from your systems unless you have an independent legal basis and obligation to retain it, and you must confirm to us that you have done so.

Fair housing. You may not use information obtained through the Services, including household financial information, to discriminate in the terms, conditions, or availability of services on the basis of any characteristic protected by federal, state, or local fair housing law, or to steer consumers on any such basis.

Enforcement. We may suspend or terminate your account immediately, without refund, if we receive credible reports that you have violated this section. We may also disclose your identity to a complaining consumer, a regulator, or a carrier where we believe disclosure is appropriate or legally required.

Indemnification. You will defend, indemnify, and hold us harmless from any claim, proceeding, penalty, fine, judgment, settlement, loss, or cost, including reasonable attorney's fees, arising from your communications with any lead or your breach of this section. This obligation survives termination of your account.

User content and lead ownership

You retain ownership of content you submit. You grant us a non-exclusive, perpetual, irrevocable license to use it in connection with operating the Services. We may remove content at our discretion.

Leads. For non-paying Users, any leads or contact information generated through the Services belong to us. For subscribers, you own the leads and contact information generated by consumers who use your branded calculator page, subject in all cases to the Subscriber Lead Obligations above and to the rights consumers hold under applicable privacy law. Ownership of a lead does not entitle you to use it in any manner the law prohibits.

Aggregated data. We exclusively own all de-identified and aggregated data relating to use of the Services.

Intellectual property

All content on the Website and in the Services, including software, images, text, graphics, illustrations, logos, patents, trademarks, copyrights, photographs, audio, and video, and all intellectual property rights in them, are our exclusive property or that of our licensors. Nothing in these Terms grants you a license to any of it except as expressly stated. You may not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from our content.

Billing

Parts of the Services may be free and parts may require payment. If you use paid features, you agree to the prices and payment terms shown at the time of purchase, which we may update. We may add new paid services or change fees for existing ones. Price changes to your subscription take effect no earlier than 30 days after we notify you.

You may cancel at any time. There are no refunds for cancellation, and no refund or credit for unused subscription time if we suspend or terminate your account.

All information you provide in connection with a subscription must be accurate, complete, and current. You agree to pay all charges incurred at the prices in effect when incurred, plus applicable taxes. You agree not to dispute charges for any portion of the Services you willingly subscribed to.

Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK.

WE MAKE NO REPRESENTATION OR WARRANTY AS TO YOUR TOTAL TAX LIABILITY OR HOW THE SALE OF REAL PROPERTY MIGHT AFFECT ANY OTHER ASPECT OF YOUR FINANCIAL CONDITION. NOTHING PRODUCED BY THE SERVICES IS TAX, LEGAL, ACCOUNTING, OR INVESTMENT ADVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THEY WILL BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CONTENT OBTAINED THROUGH THE SERVICES IS OBTAINED AT YOUR OWN RISK.

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE, INCLUDING ANY REAL ESTATE PROFESSIONAL WHO CONTACTS YOU, AND WE ARE NOT A PARTY TO AND DO NOT MONITOR ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR AFFILIATES, AGENTS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, SUPPLIERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, GOODWILL, USE, OR DATA, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES. WE WILL NOT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR UNAUTHORIZED ACCESS TO OR USE OF THE SERVICES OR YOUR ACCOUNT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE ASSUME NO LIABILITY FOR: (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THERE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION; (V) BUGS, VIRUSES, OR SIMILAR CODE TRANSMITTED THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE FROM USE OF CONTENT MADE AVAILABLE THROUGH THE SERVICES; (VII) USER CONTENT OR THE CONDUCT OF ANY THIRD PARTY, INCLUDING ANY REAL ESTATE PROFESSIONAL; OR (VIII) LOSS OR DELETION OF USER CONTENT.

IN NO EVENT WILL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (I) THE AMOUNT YOU PAID US IN THE PRECEDING TWELVE MONTHS, OR (II) $1,000.00.

THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, AND APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You will defend, indemnify, and hold harmless us and our directors, officers, managers, members, employees, contractors, subsidiaries, agents, and licensors from any claims, damages, obligations, losses, liabilities, costs, and expenses, including reasonable attorney's fees, arising from: (i) your violation of these Terms, including any representation or warranty; (ii) your violation of any third-party right, including privacy, publicity, or intellectual property rights; (iii) your violation of any law, rule, or regulation; (iv) any User Content submitted through your account; (v) any other party's access to the Services using your credentials; or (vi) if you are a subscriber, your communications with any lead obtained through the Services.

Termination

We may suspend or terminate your access to the Services, permanently or temporarily, for violation of these Terms, for fraudulent activity, or for any other reason in our discretion. Sections that by their nature should survive termination will survive, including Subscriber Lead Obligations, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

Governing law and disputes

These Terms are governed by the laws of the State of Utah, without regard to conflict of laws principles. You consent to the exclusive jurisdiction of the state and federal courts located in Salt Lake County, Utah, and waive any objection to venue there. In any action between us arising from these Terms, the prevailing party is entitled to recover reasonable attorney's fees, costs, and litigation expenses in addition to any other relief.

Changes to these Terms

We may update these Terms. We will post the updated version and change the "Last updated" date. Continued use after a change constitutes acceptance. For material changes affecting subscribers, we will provide notice by email at least 30 days in advance.

No waiver

No waiver of any provision is a further or continuing waiver of that or any other provision. Our failure to assert a right or provision does not waive it.

Severability

If any provision is held unenforceable, that provision will be limited or eliminated to the minimum extent necessary and the remaining provisions will remain in full force.

Entire agreement

These Terms and the Privacy Policy are the entire agreement between you and us regarding the Services and supersede any prior agreements on the subject.

Contact us

GYFST, LLC d/b/a Pocket Tax Pro

support@pockettaxpro.com