Terms of Service
1. Acceptance of Terms
These Terms of Service ("Terms") govern access to PoolHyve websites, mobile applications, APIs, dashboards, and related offerings (the "Services") at https://poolhyve.com. By creating an account, joining the waitlist, or otherwise using the Services, you agree to these Terms.
If you do not agree, do not use the Services.
THESE TERMS INCLUDE BINDING ARBITRATION AND A CLASS-ACTION WAIVER IN SECTION 16. PLEASE READ THAT SECTION CAREFULLY.
You represent that you can form a binding contract, have authority to accept these Terms for yourself or the business you represent, and are not barred from using the Services under applicable law. The Services are not intended for anyone under 13.
2. Product status and access
We may operate in pre-launch mode, including periods when public account creation and checkout are closed and access is limited to authorized users and the waitlist. We may later open self-serve signup. We can change, suspend, or discontinue any part of the Services.
3. License, mobile apps, and marks
Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable license to use the Services for your internal pool-service business operations. The Services are licensed, not sold. We and our licensors retain all rights not expressly granted.
If you download a PoolHyve app from the Apple App Store or Google Play, these Terms are between you and PoolHyve, not Apple or Google. Apple and Google are not responsible for the app, its content, or support. Your use must follow the applicable store rules. To the extent permitted, Apple, Google, and their subsidiaries are third-party beneficiaries of the mobile-app provisions.
You may not use PoolHyve names, logos, or other marks except as needed to identify your authorized use of the Services, and you may not imply sponsorship we have not granted.
4. Accounts
- Keep credentials confidential. You are responsible for activity under your account.
- Provide accurate information and keep it reasonably current.
- Tell us promptly at support@poolhyve.com if you suspect unauthorized use.
- If an account stays inactive for an extended period, we may suspend or close it after notice where practical.
5. Customer data and communications
You retain rights in the business data you submit. You grant PoolHyve a limited license to host, process, transmit, and display that data only to provide and improve the Services and to meet legal obligations.
You are responsible for notices and consents required for your homeowners, employees, and other contacts, including service-report emails and invoices you send through the Services. Do not upload data you are not allowed to process.
6. Acceptable use
You agree not to:
- Violate law, payment-network rules, or another person's rights.
- Probe, disrupt, scrape, reverse engineer, or overload the Services except as the law allows.
- Upload malware, spam, or fraudulent or infringing content.
- Share an account or resell the Services as a bureau without our written consent.
- Impersonate PoolHyve or misrepresent your affiliation with us.
- Use the Services to build a competing product by copying non-public features or data.
7. Subscriptions, fees, and Stripe
Paid plans are billed in U.S. dollars according to the price shown at checkout or in the product. Fees may change with notice. Unless the law requires otherwise, fees are non-refundable once a billing period starts.
We use Stripe to process SaaS subscriptions and, if you enable it, payments you collect from your customers. Stripe's terms and privacy policy apply to those payment operations. We may receive limited payment metadata needed to keep your workspace in sync.
8. End-customer payments and surcharging
If you use PoolHyve to invoice or charge homeowners, you are the merchant of record for those charges unless we expressly say otherwise. You must follow card-network rules, tax law, and any surcharging or convenience-fee rules in the places you operate. PoolHyve is not a law firm and does not guarantee that a fee you add is lawful in your jurisdiction.
9. Feedback
If you send ideas or suggestions, we may use them without restriction or compensation.
10. Third-party services
The Services rely on providers such as hosting, authentication, payments, email, maps, and analytics. Those services have their own terms. We are not responsible for third-party services we do not control.
11. Intellectual property
The Services, including software, design, and documentation, are owned by PoolHyve and its licensors and protected by intellectual-property law.
12. Privacy
Use of the Services is also governed by our Privacy Policy.
13. Suspension and termination
We may suspend or end access to protect the Services, comply with law, investigate abuse, or enforce these Terms. You may stop using the Services at any time. To delete an account, follow account deletion. Payment obligations, licenses you granted, disclaimers, liability limits, and dispute terms survive termination.
14. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, POOLHYVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL CODE, OR THAT ROUTE, CHEMICAL, OR BUSINESS OUTPUTS ARE COMPLETE OR SUITABLE FOR A PARTICULAR JOB. YOU REMAIN RESPONSIBLE FOR FIELD WORK, SAFETY, AND COMPLIANCE.
15. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POOLHYVE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, DATA, OR GOODWILL.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POOLHYVE'S TOTAL LIABILITY FOR CLAIMS ARISING FROM THE SERVICES WILL NOT EXCEED THE AMOUNT YOU PAID TO POOLHYVE FOR THE SERVICES IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
16. Dispute resolution (binding arbitration; class waiver)
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Except for claims that qualify for small-claims court or claims for injunctive relief to protect intellectual property, any dispute arising out of these Terms or the Services will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its then-current Commercial Arbitration Rules or, if they apply, Consumer Arbitration Rules. The AAA rules are available at www.adr.org.
- There is no judge or jury in arbitration, and court review of an award is limited.
- You and PoolHyve may bring claims only in an individual capacity, not as a class or representative action.
- Any in-person hearing will take place in Orlando, Florida, unless the applicable AAA consumer rules require a more convenient location.
- If a claim proceeds in court instead of arbitration, you and PoolHyve waive a jury trial and consent to the state or federal courts in Orlando, Florida.
A material change to this section does not apply to a dispute you already told us about in writing.
17. Governing law
These Terms are governed by the Federal Arbitration Act, other applicable federal law, and the laws of the State of Florida, without regard to conflict-of-law rules. The U.N. Convention on Contracts for the International Sale of Goods and UCITA do not apply.
18. Indemnification
You will defend and indemnify PoolHyve and its officers, employees, and agents against claims, damages, and reasonable legal fees arising from your data, your use of the Services, your end-customer charges, or your violation of these Terms, law, or payment-network rules.
19. Legal compliance and export
You will follow applicable law, including U.S. export rules. You are not located in an embargoed country and are not on a U.S. government prohibited-party list.
20. U.S. government users
The Services are commercial computer software and documentation under 48 C.F.R. 12.212 and 48 C.F.R. 2.101. U.S. government users receive only the rights in these Terms.
21. Copyright complaints
If you believe content on the Services infringes your copyright, send a notice to support@poolhyve.com that includes: your signature, a description of the work and the material, your contact information, a good-faith statement that the use is unauthorized, and a statement under penalty of perjury that you are authorized to act for the owner. Mail may also be sent to Orlando, Florida, United States.
22. California users
Under California Civil Code section 1789.3, California users may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or (800) 952-5210.
23. Stripe Connect addendum
If you enable connected-account or end-customer payment features, you must complete Stripe's connected-account onboarding and accept Stripe's agreements. Stripe, not PoolHyve, operates card processing. We may share account information with Stripe as needed to create and maintain that connection. You are responsible for PCI-DSS obligations for any card data you handle outside Stripe-hosted fields. If Stripe assesses chargebacks, refunds, or fines against activity on your connected account, you will cover those amounts. PoolHyve does not warrant Stripe uptime or payout timing.
24. Changes
We may update these Terms by posting a new version. Continued use after the update is acceptance, unless a different effective date is stated.
25. General
These Terms are the entire agreement for the Services and supersede prior oral or written terms on the same subject. You may not assign them without our consent. Our failure to enforce a provision is not a waiver. If a provision is unenforceable, the rest remains in effect. We are not liable for delays caused by events beyond our reasonable control, including outages of the internet or our providers. There are no third-party beneficiaries except as stated for app-store providers.
26. Contact
- Legal: support@poolhyve.com
- Support: support@poolhyve.com
- Onboarding: onboarding@poolhyve.com
- Mailing address: Orlando, Florida, United States