Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Pool Founder, LLC ("Pool Founder," "we," "our," or "us") governing your access to and use of the Pool Founder platform, including our website at poolfounder.com, mobile applications, and all related services (collectively, the "Service").

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and that entity.

If you do not agree to these Terms, you may not access or use the Service.

2. Description of Service

Pool Founder is a cloud-based software-as-a-service (SaaS) platform designed for residential and commercial pool service companies. The Service provides tools and features for managing pool service business operations, including but not limited to:

• Route planning and optimization
• Job scheduling and management
• Technician/employee management and GPS tracking
• Customer relationship management
• Service location management
• Invoicing and payment processing
• Chemical tracking and reporting
• Mobile applications for field technicians
• Business analytics and reporting

3. Eligibility

To use the Service, you must:

• Be at least 18 years of age
• Have the legal capacity to enter into a binding contract
• Operate a legitimate pool service business or be employed by one
• Not be prohibited from using the Service under applicable laws
• Not have been previously suspended or removed from the Service

4. Account Registration and Security

4.1 Account Creation

To access the Service, you must create an account by providing accurate, current, and complete information as prompted by the registration process. You agree to:

• Provide truthful and accurate registration information
• Maintain and promptly update your account information
• Keep your password confidential and secure
• Immediately notify us of any unauthorized use of your account
• Accept responsibility for all activities that occur under your account

4.2 Account Types

The Service offers different account types:

• Owner/Admin Account: Full administrative access to manage company settings, employees, billing, and all features
• Employee/Technician Account: Limited access to features necessary for performing assigned job duties, as configured by the Admin

5. Subscription Plans and Pricing

5.1 Subscription Plans

The Service is offered on a subscription basis with various pricing tiers. Current plans and pricing are displayed on our website and may be updated from time to time. Features and limitations vary by plan level.

5.2 Free Trial

We offer a free trial period for new users. During the trial period, you will have access to the Service features according to the trial terms displayed at sign-up. At the end of the trial period:

• You must select and subscribe to a paid plan to continue using the Service
• If you do not subscribe, your access will be suspended until payment is provided
• Your data will be retained for a reasonable period to allow you to reactivate

5.3 Billing and Payment

By subscribing to a paid plan, you agree to pay all applicable fees. Payment terms:

• Fees are billed in advance on a monthly or annual basis, as selected
• Payments are processed securely through Stripe, our third-party payment processor
• You authorize us to charge your payment method for all fees due
• Fees are non-refundable except as expressly stated in these Terms
• Failed payment attempts may result in service suspension

5.4 Price Changes

We reserve the right to modify our pricing. We will provide at least 30 days' notice of any price increases. Your continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

5.5 Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting support. Upon cancellation:

• You will retain access until the end of your current billing period
• No refunds are provided for partial billing periods
• Your data will be retained for 90 days after cancellation, after which it may be deleted
• You may export your data before the retention period expires

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful business purposes related to pool service operations in accordance with these Terms.

6.2 Prohibited Conduct

You agree NOT to:

• Violate any applicable federal, state, local, or international law or regulation
• Use the Service for any fraudulent or deceptive purposes
• Infringe upon or violate the intellectual property rights or privacy rights of others
• Upload, transmit, or distribute any viruses, malware, or other harmful code
• Attempt to gain unauthorized access to the Service, other accounts, or related systems
• Interfere with or disrupt the Service or servers or networks connected to the Service
• Use automated means (bots, scrapers, etc.) to access the Service without permission
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Resell, sublicense, or redistribute the Service without our written consent
• Use the Service to send spam, unsolicited communications, or harass others
• Impersonate any person or entity or falsely represent your affiliation
• Store or transmit any content that is illegal, harmful, threatening, abusive, or otherwise objectionable

6.3 Enforcement

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including removing content, suspending or terminating accounts, and reporting violations to law enforcement authorities.

7. User Content and Data

7.1 Your Content

You retain all ownership rights to the content and data you submit, post, or display through the Service ("User Content"), including customer information, service records, photos, notes, and other business data.

7.2 License to User Content

By submitting User Content, you grant Pool Founder a non-exclusive, worldwide, royalty-free license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service. This license terminates when you delete your content or close your account, except for:

• Copies retained in our backup systems for a reasonable period
• Content shared with others who have not deleted their copies
• Anonymized or aggregated data that cannot identify you

7.3 Responsibility for Content

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that:

• You own or have the necessary rights to use and authorize use of your User Content
• Your User Content does not violate the privacy, publicity, or other rights of any third party
• Your User Content complies with all applicable laws and these Terms

8. Data Processing and Privacy

Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You acknowledge that:

• You are responsible for obtaining any necessary consents from your customers and employees for collecting and processing their data through the Service
• You will comply with all applicable privacy and data protection laws
• You will provide appropriate privacy notices to individuals whose data you input into the Service
• We process data on your behalf as a "data processor" (or "service provider" under CCPA) and you act as the "data controller" (or "business")

9. Intellectual Property Rights

9.1 Pool Founder's IP

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and design) are owned by Pool Founder, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

9.2 Limited License

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes. This license does not include the right to:

• Modify, copy, or create derivative works of the Service
• Sublicense, sell, resell, or commercially exploit the Service
• Use the Service for the benefit of any third party
• Remove any proprietary notices from the Service

10. Third-Party Services

The Service integrates with and may contain links to third-party services, including:

• Stripe: Payment processing
• Google Maps: Mapping and location services
• SMS/Communication Providers: Customer notifications

Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the content, privacy practices, or availability of third-party services.

11. Service Availability and Modifications

11.1 Availability

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable for:

• Scheduled maintenance (we will attempt to provide advance notice)
• Emergency maintenance or security updates
• Circumstances beyond our reasonable control

11.2 Modifications

We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will provide reasonable notice of material changes that adversely affect your use of the Service.

12. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, POOL FOUNDER DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any errors in the Service will be corrected

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POOL FOUNDER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

14. Indemnification

You agree to indemnify, defend, and hold harmless Pool Founder and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your User Content
• Your use of the Service
• Your violation of any rights of a third party
• Your violation of any applicable law or regulation

15. Termination

15.1 Termination by You

You may terminate your account at any time by canceling your subscription through your account settings or by contacting us at support@poolfounder.com.

15.2 Termination by Us

We may suspend or terminate your account and access to the Service immediately, without prior notice or liability, for any reason, including if you:

• Breach these Terms
• Fail to pay applicable fees
• Engage in fraudulent or illegal activity
• Pose a security risk to the Service or other users

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Service will immediately cease
• You remain liable for any fees incurred before termination
• We may delete your data after a 90-day retention period
• Sections of these Terms that by their nature should survive will survive termination

16. Dispute Resolution

16.1 Informal Resolution

Before filing a formal dispute, you agree to contact us at support@poolfounder.com to attempt to resolve the dispute informally. We will attempt to resolve disputes within 30 days of receiving your notice.

16.2 Binding Arbitration

If informal resolution is unsuccessful, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in Cobb County, Georgia, and judgment on the arbitration award may be entered in any court having jurisdiction.

16.3 Class Action Waiver

YOU AND POOL FOUNDER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law provisions. For any claims not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Cobb County, Georgia.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on this page with a new "Last updated" date
• Sending an email notification to the address associated with your account
• Displaying a notice within the Service

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of those Terms. If you do not agree to the revised Terms, you must stop using the Service.

19. General Provisions

19.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Pool Founder regarding the Service.

19.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

19.3 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.

19.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

20. Contact Information

If you have any questions about these Terms of Service, please contact us: