Terms of Service

You accept these Terms when you check the box and create an account. You must be at least 18 years old and able to enter into a contract. You represent that you are using PoolBeacon for business purposes to operate a pool-service business, and not as a consumer for personal, family, or household use. If you accept on behalf of a company, you represent that you are authorized to bind it.

PoolBeacon is software that helps pool-service operators manage routes, visits, water-chemistry records, scheduling, invoicing, and customer communication. We provide tools. We do not perform pool service, do not supervise your work, and are not a party to the relationship between you and the customers you serve.

You are responsible for your account, for keeping your login credentials secure, and for everything done under your account, including by the team members you invite. Tell us promptly if you suspect unauthorized use. You are responsible for the accuracy of the information you enter.

PoolBeacon is a paid subscription. Your plan and price are shown at signup and in your billing settings. Billing is handled by Stripe.

Automatic renewal. Your subscription is monthly and renews automatically at the end of each monthly term at the then-current price for your plan, plus any applicable tax, until you cancel. We will charge your payment method on file each month.

You can cancel at any time in Settings, under Billing, with no call or email required, or by emailing hello@poolbeacon.com. Cancellation stops the next renewal. Unless these Terms or applicable law state otherwise, fees already paid are not refunded for the remainder of a monthly term, and you keep access until the end of the period you paid for. We will give you advance notice of a material change to your price or plan as required by law.

If a charge fails, we may suspend or limit the Service until payment is resolved. Taxes are your responsibility unless we are required to collect them.

If we offer you a free trial, the trial runs for the stated period. If you do not cancel before the trial ends, your paid subscription begins and the automatic-renewal terms above apply. We will tell you the trial length and what happens when it ends at signup.

By creating an account and giving us your contact information, you agree that we and the service providers acting on our behalf may contact you at the phone numbers, email addresses, and other contact details you provide. We may contact you by phone call, text message (SMS and MMS), email, and in-app message about your account, billing, the Service, security, support, scheduling, and other transactional and relationship matters. These messages are part of the Service and may be sent using automated technology. Message and data rates may apply, and message frequency varies.

You can opt out of non-essential messages at any time. For texts, reply STOP to stop and HELP for help. For email, use the unsubscribe link. Certain essential messages about your account, billing, security, and legal notices may continue while your account is active, because they are part of providing the Service. We honor opt-out requests within ten business days and keep an internal do-not-contact list.

Marketing or promotional calls or texts that use an automated dialer or a prerecorded or artificial voice are separate. We will ask for that consent on its own at signup or in your settings; that consent is not required to use PoolBeacon, and you can withdraw it at any time. Where you have given us valid consent to contact you, that consent applies for our own communications to you, within the scope you agreed to, even if your number is listed on the National Do Not Call Registry.

You agree not to:

• use PoolBeacon to break the law or infringe anyone’s rights;
• upload data you do not have the right to share, or data about people who have not been given any notice the law requires;
• send messages through the Service that violate anti-spam, telemarketing, or call-recording laws;
• attempt to access another account or tenant, probe our security, or interfere with or disrupt the Service;
• copy, modify, translate, or create derivative works of the Service, or remove or alter any proprietary notice;
• rent, lease, sublicense, resell, or provide the Service to a third party as a service bureau;
• use any automated means to scrape or extract data beyond what the Service’s own features provide;
• reverse engineer the Service, or use it to build, train, or improve a competing product; or
• use the Service to harass anyone or to send content that is unlawful or harmful.

We may suspend or terminate accounts that violate this section or that create risk for the Service or other operators.

You are responsible for operating your business lawfully. You agree to comply with all laws, rules, and regulations that apply to you and to your use of the Service, including applicable federal, state, local, and foreign laws on consumer protection, advertising, telemarketing and text messaging, email, privacy and data protection, payment processing, taxes, and licensing. You are responsible for obtaining any permit or license your business requires, and you will not use the Service in a way that would cause PoolBeacon to violate any law.

PoolBeacon shows water-chemistry targets, saturation-index figures, and dosing suggestions to help you record and plan service. This is decision support for a qualified operator. It is general information, not professional, safety, engineering, or regulatory advice, and it may not fit your specific pool, equipment, chemicals, or local conditions.

If you enable the AI phone receptionist, it answers calls, captures messages, and collects basic information for you. It is automated, not a person, and it cannot make binding quotes, bookings, prices, or service promises on your behalf. You are responsible for reviewing what it captures and for any commitment you make to your customers. PoolBeacon is not a party to, and is not responsible for, any agreement between you and your customers.

California is a two-party consent state for recording phone calls. If the receptionist records or transcribes calls, you are responsible for any notice and consent the law requires from callers. We will provide the tools to play a recording notice, but the obligation to comply rests with you as the business receiving the calls.

You decide what customer information to put into PoolBeacon. For the personal information you upload about your own customers, you are the business or controller and PoolBeacon acts as your service provider or processor. You are responsible for giving your customers any notice, and obtaining any consent, that the law requires, and for handling their privacy requests. We process that information only to provide the Service to you, and we describe how in our Privacy Policy and, where applicable, a data processing addendum.

Payments from your customers are processed by Stripe, an independent payment company, through Stripe Connect as direct charges to your own Stripe connected account. Your ability to accept and receive those payments is governed by your own separate agreements with Stripe, including the Stripe Services Agreement and the Stripe Connected Account Agreement, which you accept directly with Stripe. You, not PoolBeacon, are the merchant of record for those payments. PoolBeacon charges no fee on them, is not a party to them, and never receives, holds, controls, or has custody of those funds.

Any issue with fees, payouts, holds, account status, disputes, refunds, data, or tax forms must be raised with and resolved through Stripe under your agreement with Stripe. You are responsible for your own taxes. This section is in addition to, and limited the same way as, the Limitation of Liability section below, and you will indemnify PoolBeacon for claims arising from your payments and your Stripe account as described in the Indemnification section. Nothing in this section limits PoolBeacon’s liability for its own fraud, willful injury, gross negligence, or any liability that cannot be limited under applicable law. If any part of this section is unenforceable, the rest stays in effect.

If you choose to add a surcharge, convenience fee, or similar charge to a customer’s card payment processed through your Stripe connected account, that surcharge is your charge, set and controlled solely by you. You are solely responsible for making sure it complies with all applicable card-network rules (such as Visa, Mastercard, American Express, and Discover) and all applicable federal, state, and local laws, including any cap, the rule that surcharges may apply to credit cards only and not to debit or prepaid cards, any registration or advance-notice requirement, and all disclosure requirements at the point of sale and on the receipt.

You represent and warrant that surcharging is lawful where you operate and that you will not surcharge where it is prohibited or beyond the lowest applicable limit. Some states restrict or prohibit consumer card surcharges (for example, Connecticut, Massachusetts, and Maine), and others impose disclosure or all-in-pricing rules (for example, California and New York). This list is not exhaustive and the law changes, so you must confirm the rules for your own locations.

PoolBeacon does not set, require, endorse, monitor, or verify the legality of any surcharge. Making a surcharge setting available in the Service is a convenience, not legal advice and not a representation that surcharging or any rate is permitted where you operate. You must get your own legal and processor guidance, and complete any required registration, before using it. You will indemnify and hold PoolBeacon harmless from any fines, penalties, chargebacks, assessments, claims, or losses arising from your surcharging.

The price for your PoolBeacon subscription is the amount stated at signup and on our current pricing page. PoolBeacon does not add a separate credit-card surcharge to your subscription payment. We may change our pricing going forward on notice, as permitted by law.

PoolBeacon provides software only. Card numbers and card security codes are entered directly into payment fields hosted by Stripe and are handled and tokenized by Stripe. PoolBeacon does not collect, store, process, or transmit full card numbers or sensitive authentication data. We store only non-sensitive payment information, such as a Stripe token, the card brand, the last four digits, and the expiration date, used to display and reconcile payments.

You are responsible, at your own cost, for complying with the Payment Card Industry Data Security Standard (PCI DSS), as amended from time to time, with your Stripe agreements, and with all applicable cardholder-data, data-security, and privacy laws in how you handle payment and personal data, including completing any self-assessment, attestation, or scan your acquirer or Stripe requires. Using PoolBeacon or Stripe does not eliminate your own PCI obligations.

Each party is responsible for PCI DSS and data-security compliance within its own environment. You will indemnify PoolBeacon against claims, fines, assessments, or losses arising from your handling of payment or personal data or your breach of this section, and we may suspend the payment feature or your account if you violate the card-data prohibition above. Your obligations in this section survive termination.

The Service, including all software, source code, designs, text, graphics, logos, and other content we provide, and all intellectual property and proprietary rights in it, are owned by Super Dev Software LLC and our licensors and are protected by law. We reserve all rights not expressly granted to you. PoolBeacon and our logos are our marks, and you may not use them without our prior written permission.

We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service while your subscription is active and you comply with these Terms. This right does not transfer any ownership. You keep all rights to the data you upload, and you grant us the rights needed to host, process, and display it to provide and improve the Service.

If you send us feedback, suggestions, ideas, bug reports, or recommendations about the Service, you do so voluntarily and without any expectation of payment or other compensation. You grant Super Dev Software LLC a perpetual, irrevocable, worldwide, royalty-free, and fully sublicensable right to use, modify, and incorporate your feedback into the Service or our business for any purpose, without any obligation or credit to you. We are free to use feedback as we see fit, and nothing in these Terms requires us to use it or to keep it confidential.

The Service works with, links to, or relies on services provided by third parties, such as Stripe for payments, mapping and routing providers, email and analytics providers, and the provider behind the optional AI phone receptionist. Those services are governed by the third party’s own terms and privacy policies, and your use of them is at your own risk. PoolBeacon does not control and is not responsible for third-party services, their content, their availability, or anything they do, and a link or integration is not an endorsement. If you use a third-party service, you are responsible for reviewing and complying with its terms. Any advertising or promotion you see from a third party is the responsibility of that third party, not PoolBeacon.

We respect the intellectual property of others and respond to clear notices of claimed copyright infringement involving content uploaded to PoolBeacon, in accordance with the Digital Millennium Copyright Act.

Our designated agent

Send copyright-infringement notices to our designated agent: DMCA Agent, Super Dev Software LLC, 24310 Moulton Parkway, Suite O-140, Laguna Woods, California 92637, email dmca@poolbeacon.com. Please use this contact only for copyright notices.

How to file a notice

A valid notice must include:

• identification of the copyrighted work you claim is infringed;
• identification of the material you claim is infringing, with enough information for us to locate it in the Service (such as a URL, account, photo, or record);
• your name, mailing address, phone number, and email;
• a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law;
• a statement, under penalty of perjury, that the information in your notice is accurate and that you are the owner or are authorized to act for the owner of the exclusive right; and
• your physical or electronic signature.

An incomplete notice may not be actionable.

Counter-notice

We will remove or disable access to material we take down under a valid notice and will take reasonable steps to notify the affected user. If you believe your material was removed by mistake or misidentification, you may send a counter-notice to the same agent that includes your signature, identification of the removed material and where it appeared, a statement under penalty of perjury of your good-faith belief that the removal was a mistake or misidentification, and your name, address, and phone number, along with your consent to the jurisdiction of the federal court for your district (or, if you are outside the United States, any district where we may be found) and your consent to accept service from the person who filed the original notice. If we receive a valid counter-notice, we may restore the material in not less than ten and not more than fourteen business days, unless the original complainant tells us they have filed a lawsuit to keep it down.

Repeat infringers

It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who are repeat copyright infringers.

Warning

Under 17 U.S.C. 512(f), anyone who knowingly makes a material misrepresentation in a takedown notice or a counter-notice may be liable for damages, including costs and attorneys’ fees. The statements described above are made under penalty of perjury.

Some jurisdictions do not allow certain warranty exclusions, so parts of this section may not apply to you.

Exceptions to the limits above

The caps, remedy limits, and exclusions in this section do not apply to, and nothing in these Terms limits, the following:

• PoolBeacon’s own fraud, willful injury, or willful misconduct;
• PoolBeacon’s own gross negligence;
• a party’s violation of law, whether willful or negligent;
• liability for death or bodily injury caused by PoolBeacon;
• a party’s indemnification obligations under these Terms;
• your payment obligations; or
• any liability that cannot be limited or excluded under applicable law, including California Civil Code section 1668.

If any limitation, remedy, or exclusion in this section is held unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will stay in full force. A limitation found unenforceable as to one claim remains enforceable as to all other claims.

You will defend, indemnify, and hold harmless PoolBeacon and its owners, employees, and contractors from and against any third-party claim, suit, loss, liability, damage, fine, and reasonable attorneys’ fees and costs arising out of or relating to:

• the pool-service work you perform and your water-treatment, chemical-handling, and dosing decisions, doses, and applications;
• bodily injury, death, or property damage connected to your services or premises;
• the data you upload, including your customers’ personal information, and your customers’ privacy claims;
• your use of the AI receptionist and any communication with your customers;
• any payment, surcharge, refund, chargeback, tax, or other dispute between you and your customers, and your Stripe account; and
• your violation of these Terms or of any law.

We will give you prompt notice of the claim, and you will not settle any claim that imposes liability or an admission on us without our prior written consent. We may participate in the defense with our own counsel at our expense. PoolBeacon’s chemistry suggestions and AI output do not transfer any of this responsibility to PoolBeacon.

You are responsible for carrying, at your own expense, the insurance appropriate to your operations, which for pool service typically includes commercial general liability coverage and any professional or chemical-handling coverage your work calls for. You do not rely on PoolBeacon for any insurance coverage. We may ask you to confirm your coverage.

You may stop using PoolBeacon and cancel at any time. We may suspend or terminate your access if you breach these Terms, fail to pay, or create risk for the Service or others.

We may also suspend or terminate the Service, in whole or in part, or your access to it, at any time, with or without cause and with or without notice, in our discretion, including to protect the Service, comply with law, or discontinue a feature or the Service. If we terminate your account without cause, we will, where practical, give you notice and a reasonable chance to export your data, and we will refund any prepaid fees for the unused portion of your current term.

On termination, your right to use the Service ends. We will make your data available for export for a reasonable period as described in the app, after which we may delete it. Sections that by their nature should survive termination, including payment obligations, the card-data and PCI section, disclaimers, limitation of liability, indemnification, and the dispute terms, will survive.

We may update these Terms. We will post the updated Terms with a new Last updated date and, for material changes such as price, liability, dispute resolution, or data-use changes, we will notify you by email or in the app and, where required, ask you to accept the updated Terms before you continue. Updated Terms apply going forward, not to a dispute that arose before you accepted them.

Try informal resolution first

Before starting an arbitration, you and we agree to first try to resolve the dispute informally. Contact us at hello@poolbeacon.com, describe the dispute, and give us at least 30 days to try to resolve it.

Arbitration agreement

This arbitration agreement concerns interstate commerce and is governed by the Federal Arbitration Act, which controls its interpretation and enforcement, even though California law governs the rest of these Terms. Except for the carve-outs below, you and Super Dev Software LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or our relationship will be resolved by final and binding individual arbitration.

What stays out of arbitration

• either party may bring an individual claim in small-claims court, as long as it stays in small-claims court and stays individual;
• either party may ask a court for injunctive or other provisional relief to protect intellectual property or confidential information or to stop misuse of the Service; and
• claims that by law cannot be arbitrated or waived are not covered, including, at your option, claims of sexual assault or sexual harassment under applicable federal law, and any claim for public injunctive relief that cannot be waived.

A court, not the arbitrator, decides whether one of these carve-outs applies.

Who decides what

The arbitrator decides all questions about whether this arbitration agreement applies, what it covers, and whether it is valid or enforceable, except that a court decides the carve-out questions above and whether the class-action and representative-action waiver below is enforceable.

How arbitration works

The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules or, if it is unavailable, by JAMS under its Comprehensive Arbitration Rules, in each case as then in effect, before one neutral arbitrator. The arbitration will take place in the county where you are located or by videoconference, at your option. The arbitrator’s award is final and may be entered in any court with jurisdiction. We will promptly pay the arbitration filing and administrative fees we are required to pay. Each party otherwise bears its own fees and costs unless the law or the arbitrator’s rules provide otherwise.

Class-action and representative-action waiver

If a court decides that this class-action and representative-action waiver is unenforceable as to a particular claim, then that claim, and only that claim, will be severed and may proceed in court, and the rest of this arbitration agreement will continue to apply to all other claims. If any other part of this section is unenforceable, the rest stays in effect.

How to opt out

You may opt out of this arbitration agreement by emailing legal@poolbeacon.com within 30 days after you first accept these Terms, with your name and the email on your account. Opting out will not affect any other part of these Terms, and we will honor it. This is your only chance to opt out.

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. For any dispute not subject to arbitration, the exclusive venue is the state and federal courts located in Orange County, California, and you consent to their jurisdiction. This section survives termination of your account and of these Terms.

These Terms, with the Privacy Policy and any order or addendum we agree to, are the entire agreement between us about the Service. If a provision is held unenforceable, the rest stays in effect. Our not enforcing a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a sale of our business. We are not liable for delays or failures caused by events beyond our reasonable control. Nothing here creates a partnership, agency, or employment relationship between us.

Questions about these Terms? Email hello@poolbeacon.com or write to us at the address on our Contact page.