Terms of Service

By accessing or using the PoolSurf platform, website, mobile applications, or any related services (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms"). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to update these Terms at any time. Continued use of the Service after changes constitutes acceptance of the revised Terms.

Throughout these Terms, the following definitions apply:

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.

You agree to notify us immediately of any unauthorized use of your account or any other security breach. We are not liable for any loss or damage arising from your failure to protect your account credentials.

You are responsible for ensuring that your Authorized Users comply with these Terms. Any actions taken by your Authorized Users within the Service are your responsibility.

PoolSurf provides a cloud-based field service management platform designed for pool service businesses. The Service may include features for customer management, scheduling, route optimization, dispatching, estimates, invoices, payments, work orders, technician management, communications, reporting, and related functionality.

You may use the Service only for lawful business purposes and in accordance with these Terms. You agree not to:

Access to the Service requires a paid Subscription unless otherwise specified in a free trial or promotional offer. Subscription fees are based on the plan you select and are billed in advance on a recurring basis (monthly or annually, as applicable).

All fees are non-refundable except as expressly stated in these Terms or required by applicable law. We reserve the right to change our pricing with at least 30 days' notice prior to the start of a new billing cycle.

If payment fails or your account becomes past due, we may suspend or restrict access to the Service until the outstanding balance is resolved. You are responsible for all applicable taxes associated with your Subscription.

We may offer free trials of the Service at our discretion. Free trials are limited in duration and may be subject to usage restrictions. At the end of a free trial, your access to the Service may be suspended unless you subscribe to a paid plan.

We reserve the right to modify or discontinue free trial offers at any time without notice. Free trials are intended for evaluation purposes and may not include all features available in paid Subscriptions.

You retain all rights, title, and interest in your Customer Data. By using the Service, you grant us a limited, non-exclusive license to host, store, process, and display your Customer Data solely as necessary to provide and improve the Service.

You are solely responsible for the accuracy, quality, legality, and appropriateness of your Customer Data. You represent and warrant that you have all necessary rights and consents to submit Customer Data to the Service, including any personal information of your customers or employees.

We will not access, use, or disclose your Customer Data except as necessary to provide the Service, comply with applicable law, or as otherwise described in our Privacy Policy.

The Service, including its design, features, code, documentation, trademarks, logos, and all related intellectual property, is and remains the exclusive property of PoolSurf. These Terms do not grant you any ownership interest in the Service.

You may not copy, modify, distribute, sell, or create derivative works based on the Service or any part thereof without our prior written consent. All rights not expressly granted in these Terms are reserved by PoolSurf.

We strive to maintain high availability of the Service but do not guarantee uninterrupted or error-free operation. The Service may be temporarily unavailable due to scheduled maintenance, updates, or circumstances beyond our reasonable control.

We may provide customer support through email, in-app messaging, or other channels as described on our website. Support availability and response times may vary based on your Subscription plan.

We reserve the right to modify, update, or discontinue any feature or functionality of the Service at any time. We will make reasonable efforts to provide advance notice of material changes.

The Service may integrate with or contain links to third-party services, including payment processors, mapping providers, communication platforms, and other tools. Your use of any third-party service is subject to that provider's own terms and policies.

We are not responsible for the availability, accuracy, content, or practices of third-party services. Any data you share with third-party services through the Service is subject to their respective privacy policies and terms of service.

Each party agrees to keep confidential any non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure.

Confidential information does not include information that is publicly available, already known to the receiving party, independently developed without reference to confidential information, or lawfully received from a third party without restriction.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

YOU ACKNOWLEDGE THAT THE SERVICE IS NOT DESIGNED OR INTENDED TO BE USED IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE CONTROLS, INCLUDING OPERATION OF LIFE-SUPPORT SYSTEMS OR CRITICAL INFRASTRUCTURE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POOLSURF, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO POOLSURF DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

You agree to indemnify, defend, and hold harmless PoolSurf, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your Customer Data; (c) your violation of these Terms; or (d) your violation of any rights of a third party.

You may cancel your Subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of the current billing period, and you will retain access to the Service until that time.

We may suspend or terminate your access to the Service immediately and without notice if you breach these Terms, fail to pay fees when due, engage in activity that threatens the security or integrity of the Service, or if we are required to do so by law.

Upon termination, your right to use the Service ceases immediately. We will make your Customer Data available for export for a reasonable period following termination (not less than 30 days), after which we may delete your Customer Data in accordance with our data retention practices.

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Any dispute arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may pursue resolution through binding arbitration or in the courts located in the State of Texas, as applicable.

You agree that any claim or cause of action arising out of or related to these Terms or the Service must be filed within one (1) year after the claim arose, or be permanently barred.

These Terms, together with our Privacy Policy and any applicable order forms or service-specific terms, constitute the entire agreement between you and PoolSurf with respect to the Service and supersede all prior agreements and understandings.

If you have questions about these Terms of Service, please contact us at hello@poolsurf.com.