TERMS

Last Modified: November 10, 2024

1. Acceptance of the Terms

These Terms of Use and Service Agreement (" Terms "), including the BINDING ARBITRATION AND CLASS ACTION WAIVER CONTAINED HEREIN govern your access to, use of, and participation in the Pooltechy Platform made available by PoolTechy, LLC or any of its subsidiaries (collectively, and including such entities operating under any other names, “ Pooltechy ” " Company ," " we ," " our ," or " us ") or through Pooltechy and the entirety of your relationship with Pooltechy. YOU UNDERSTAND AND AUTHORIZE POOLTECHY TO USE YOUR INFORMATION TO OBTAIN BACKGROUND CHECKS AND BUSINESS CREDIT CHECKS FROM OUR VENDORS AND/OR VERIFY YOUR IDENTITY THROUGHOUT YOUR USE OF THE SERVICE. Pooltechy’s website http://www.pooltechy.com (the”Site(s)”), mobile applications (the “ Apps ”), and related services, information and communications are collectively referred to as the “ Pooltechy Platform ” or “ Platform .”

PLEASE READ THE TERMS AND OUR PRIVACY POLICY, FOUND AT http://www.pooltechy.com/privacy,, INCORPORATED HEREIN BY REFERENCE THOROUGHLY AND CAREFULLY. BY USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE PLATFORM.

This Platform is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Platform, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

All references to " you " or " your ," as applicable, mean the person who accesses, uses, and/or participates in the Pooltechy Platform in any manner, and each of your heirs, assigns, and successors. If you use the Pooltechy Platform on behalf of an entity, you represent and warrant that you have the authority to bind that entity, your acceptance of the Terms will be deemed an acceptance by that entity, and "you" and "your" herein will refer to that entity, its directors, officers, employees, and agents.

2. Changes to the Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Platform.

Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Pooltechy Platform Services

The Pooltechy Platform is a web- and app-based three-way marketplace which enables connections between Pool Owners, Pool Contractors, and Pool Technicians. " Pool Owners " are individuals and/or businesses seeking to obtain services for maintenance of their swimming pool(s) (" Pool Maintenance Services ") from Pool Contractors, and " Pool Contractors " are individuals seeking to perform Pool Maintenance Services for Pool Owners and can also hire Pool Technicians to fulfil Pool Maintenance Serivces. Pool Owners, Pool Contractors, and Pool Technicians together are hereinafter referred to as “ Users .” If you agree on the terms of a Pool Maintenance Service with another User, you and such other User form an Agreement directly between the two of you as set forth in more detail in Section 6 below.

POOL CONTRACTORS ARE INDEPENDENT BUSINESS OWNERS. POOL TECHNICIANS ARE SUBCONTRACTORS OR EMPLOYEES OF POOL CONTRACTORS. POOL CONTRACTORS ARE INDEPENDENT CONTRACTORS OF USERS AND NOT EMPLOYEES, PARTNERS, REPRESENTATIVES, AGENTS, JOINT VENTURERS, INDEPENDENT CONTRACTORS OR FRANCHISEES OF POOLTECHY. POOLTECHY DOES NOT PERFORM POOL MAINTENANCE SERVICES AND DOES NOT EMPLOY INDIVIDUALS TO PERFORM POOL MAINTENANCE SERVICES. BY CONNECTING USERS SEEKING POOL MAINTENANCE SERVICES WITH USERS SEEKING TO PERFORM POOL MAINTENANCE SERVICES, POOLTECHY OPERATES AS AN ONLINE MARKETPLACE THAT CONNECTS USERS WITH SERVICE PROVIDERS (POOL CONTRACTOR OR POOL TECHNICIAN) WHO WISH TO PERFORM A VARIETY OF POOL MAINTENANCE SERVICES.

USERS HEREBY ACKNOWLEDGE THAT POOLTECHY DOES NOT SUPERVISE, SCOPE, DIRECT, CONTROL OR MONITOR A POOL CONTRACTOR OR A POOL TECHNICIAN’S WORK AND EXPRESSLY DISCLAIMS (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY AND LIABILITY FOR THE WORK PERFORMED AND THE POOL MAINTENANCE SERVICES IN ANY MANNER, INCLUDING BUT NOT LIMITED TO A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANTY OR CONDITION OF QUALITY OR FITNESS FOR A PARTICULAR PURPOSE, OR COMPLIANCE WITH ANY LAW, STATUTE, ORDINANCE, REGULATION, OR CODE.

Any reference on the Pooltechy Platform to a Pool Contractor or a Pool Technician being licensed or credentialed in some manner, or "badged," “reliable,” “reliability rate,” “elite,” “great value,” "background checked," “vetted” (or similar language) designations indicates only that the Pool Contractor or a Pool Technician has completed a relevant account registration process or met certain criteria and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Pooltechy of such Pool Contractor’s or a Pool Technician’s skills or qualifications or whether they are licensed, insured, trustworthy, safe or suitable. Instead, any such description is intended to be useful information for Users to evaluate when they make their own decisions about the identity and suitability of Pool Contractors or a Pool Technicians whom they select, interact, or contract with via the Pooltechy Platform.

The Pooltechy Platform enables connections between Users for the fulfillment of Pool Maintenance Services. Pooltechy is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other

aspect whatsoever of Pool Maintenance Services, or of the integrity, responsibility, competence, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings or reviews provided by Users with respect to each other. Pooltechy makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Pool Maintenance Services requested or provided by, or the communications of or between, Users identified through the Pooltechy Platform, whether in public or private, via on- or off-line interactions, or otherwise howsoever.

4. Pool Contractor or a Pool Technician Background Checks

Pool Contractor or Pool Technician may be subject to a review process before they can register for and during their use of the Pooltechy Platform, which may include but is not limited to identity verification and criminal background checks, using third party services as appropriate (“ Background Checks ”). Although Pooltechy may perform Background Checks, Pooltechy cannot confirm that any User is who they claim to be, and Pooltechy cannot and does not assume any responsibility for the accuracy or reliability of Background Check information.

When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Pooltechy will not be liable for any false or misleading statements made by Users of the Pooltechy Platform.

NEITHER POOLTECHY, NOR ITS PARENTS, AFFILIATES OR LICENSORS, INCLUDING THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, AGENTS, INVESTORS, SUBSIDIARIES, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS AND ASSIGNS (COLLECTIVELY REFERRED TO AS “ AFFILIATES ” ) IS RESPONSIBLE OR LIABLE FOR THE CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE PLATFORM AND, TO THE EXTENT PERMITTED BY LAW, YOU HEREBY RELEASE POOLTECHY AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE PLATFORM.

5. User Representations and Warranties

All Users represent and warrant that:

You are at least of the legally required age in the jurisdiction in which you reside (18 years of age or older for U.S. based users), and are otherwise capable of entering into binding contracts;

You have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide;

You have read, understand, and agree to be bound by these Terms, and the Privacy Policy;

You will respect the privacy (including without limitation private, family and home life), property, and data protection rights of Users and will not record (whether video or audio or otherwise) any Pool Maintenance Service or any interaction by or with any User and/or Pooltechy in connection with the Pooltechy Platform without the prior written consent of Pooltechy and/or the relevant User, as applicable;

You will fulfill the commitments you make to other Users, communicate clearly and promptly, be present and/or available at the time you agree upon with your Pool Contractor or a Pool Technician or User as the case may be, and only utilize the third party payment service provider specified or approved by Pooltechy to make or receive payment for services provided through the Pooltechy Platform.

You will act professionally and responsibly in your interactions with other Users;

You will use your real name or business name on your profile;

When using or accessing the Pooltechy Platform, you will act in accordance with all applicable local, state, and federal law or custom and in good faith;

Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

Other than as fully and promptly disclosed in writing to Pooltechy, you do not have any motivation, status, or interest that Pooltechy may reasonably wish to know about in connection with the Pooltechy Platform, including without limitation, if you are using or will or intend to use the Pooltechy Platform for any journalistic, academic, investigative, or unlawful purpose.

Pool Contractor or Pool Technician additionally represent and warrant that:

When using the Pooltechy Platform, you are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity;

You are customarily engaged in an independently established business of the same nature as the services performed for Users through the Pooltechy Platform;

You have the unrestricted right to work in the jurisdiction in which you will be performing Pool Maintenance Services;

If the Pool Maintenance Service is performed in a jurisdiction that requires you to have a business license or business tax registration, you have the required business license or business tax registration;

You are responsible for identifying and obtaining any required licenses, permits, or registrations before offering services and undertaking Pool Maintenance Services;

You have any and all insurance required to operate your business and provide your services;

You will use your real name or business name and an up-to-date photo on your profile;

You will honor your commitments to other Users on the Pooltechy Platform, including by responding to invitations promptly; performing the Pool Maintenance Service(s) as agreed upon with your User; and providing timely, high-quality services to your Users;

You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws.

You agree to promptly disclose to Pooltechy in writing if you have any potentially relevant criminal convictions (other than minor fixed penalty parking or speeding offenses), that arise during your use of the Pooltechy Platform.

6. Contract between Pool Owners and Pool Contractor/Pool Technician

You acknowledge and agree that a legally binding contract with another User (the “Service Agreement” ) is formed when you and that User agree on the terms of a Pool Maintenance Service. The terms of the Service Agreement include the terms set forth in this Section, the engagement terms proposed and accepted by a User on the Pooltechy Platform, and any other contractual terms accepted by both the Pool Contractor or a Pool Technician and their User to the extent such terms do not conflict with the terms in this Agreement, including this Section, and do not expand Pooltechy’s obligations or restrict Pooltechy’s rights under this Agreement.

Pooltechy is not a party to any Service Agreement and the formation of a Service Agreement will not, under any circumstances, create an employment or other service relationship between Pooltechy and the Pool Contractor or a Pool Technician, nor will it create an employment relationship between the User and the Pool Contractor or a Pool Technician. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Pooltechy.

The Pool Contractor is not obligated to personally perform the Pool Maintenance Service. Pool Contractor may engage Pool Technicians who are assistants, helpers, subcontractors or other personnel. For safety reasons, such Pool Contractor or a Pool Technician Assistants shall have been registered through the Pooltechy Platform. A Pool Contractor or a Pool Technician’s failure to comply with this provision shall be a violation of these Terms and could lead to removal from the Pooltechy Platform. The Pool Contractor or a Pool Technician assumes full and sole responsibility for the acts and omissions of such Pool Contractor or a Pool Technician Assistants and is fully responsible for the lawful payment of all compensation, benefits and expenses of Pool Contractor or a Pool Technician Assistants, if any, and for all required and applicable tax withholdings as to such Pool Contractor or a Pool Technician Assistants. Users are responsible for confirming with their Pool Contractor or a Pool Technician that any Pool Contractor or a Pool Technician are registered Pool Contractor or Pool Technician on the Pooltechy Platform.

While using the Pooltechy Platform, Pool Owner, in their sole discretion, determine whether they will be present or not when a Pool Maintenance Service is performed. Pool Owner agree that if someone other than them books the Pool Maintenance Service on their behalf or is present in their stead when the Pool Maintenance Service is performed, they are appointing that person as their agent ( “Pool Owner’s Agent” ) and the Pool Contractor or a Pool Technician may take and follow direction from the Pool Owner’s Agent as if such direction was given from the Pool Owner, him- or herself. If you are a Pool Owner’s Agent and accessing and using the Pooltechy Platform on behalf of a Pool Owner, you represent that you have the authority to act as their agent and to bind that person as the principal to all provisions of the Terms. Pool Owner’s Agent may authorize any applicable waiver of the Pool Owner’ scoping, direction, or instruction of the Pool Contractor or a Pool Technician’s work or performance of the Pool Maintenance Service in the Pool Owner’ stead. Pool Owner, agrees that such direction and/or waiver is valid against Pool Owner, and Pool Owner’s Agent, and Pool Owner shall be responsible and liable for all such direction and/or waiver as if made by Pool Owner him or herself. Pool Owner assumes full and sole responsibility for the acts and omissions of Pool Owner’s Agents.

The Pool Owner shall pay their Pool Contractor or a Pool Technician(s) in full for all Pool Maintenance Service services via the Pooltechy Platform, at the rates agreed to by the parties in the Service Agreement. Each User agrees to comply with the Service Agreement and this Agreement during the engagement, performance and completion of a Pool Maintenance Service.

The Pool Contractor may fulfil their obligations under the Service Agreement to independent subcontractors who are registered as Pool Technicians on the Pooltechy Platform. Pool Contractor acknowledge and agree that a legally binding contract with Pool Technician (the “ Subcontract Agreement ”) is formed when a Pool Contractor and Sub-Contractor agree on the terms of the Subcontract Agreement. The terms of the Subcontract Agreement include the terms set forth in this Section, the engagement terms proposed and accepted by a Pool Contractor and Pool Technician on the Pooltechy Platform, and any other contractual terms accepted by both the Pool Contractor or a Pool Technician to the extent such terms do not conflict with the terms in this Agreement, including this Section, and do not expand Pooltechy’s obligations or restrict Pooltechy’s rights under this Agreement.

Pooltechy is not a party to any Subcontract Agreement or Service Agreement and the formation of a Service Agreement Subcontract Agreement will not, under any circumstances, create an employment or other service relationship between Pooltechy and Users, nor will it create an employment relationship between the User and the Pool Contractor or a Pool Technician. Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Pooltechy.

Pooltechy does not employ Pool Contractor or Pool Technicians. Pooltechy is not responsible for and will not be liable for workers’ compensation or any tax payments or withholding, including but not limited to unemployment or employment insurance, social security, disability insurance or any other applicable federal or state withholdings in connection with use of the Pooltechy Platform. Each Pool Contractor and Pool Technician assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.

7. Disputes Between or Among Users

Pooltechy values its Users and we understand that occasionally disputes may arise between or among them. Our goal is to provide tools to help Users resolve such disputes independently. In the rare event a dispute regarding an interaction related to the Pooltechy Platform cannot be resolved independently, you agree, at Pooltechy's request, to participate in good faith, to the extent you are reasonably able to do so, in a neutral resolution or mediation conducted by Pooltechy or a neutral third-party mediator or arbitrator selected by Pooltechy. Notwithstanding the foregoing, you acknowledge and agree that Pooltechy is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third-party. You further agree to bear the costs of such dispute resolution.

8. Service Fees, Billing and Payment

The Pooltechy Platform may facilitate payments between Users (“ Marketplace Payments ”) through our payment processing partner Stripe, but Pooltechy is not a party to any such Marketplace Payments, or any Pool Maintenance Service related thereto. Unless otherwise indicated, Marketplace Payments may be made for Pool Maintenance Services only; Marketplace Payments for tangible personal property is prohibited. By agreeing to these terms or continuing to operate as a User on the Pooltechy Platform, you hereby appoint Pooltechy to act as your agent for the limited purpose of facilitating and receiving Marketplace Payments on your behalf through Stripe as contemplated herein. You acknowledge and agree that, subject to any rights you have pertaining to Marketplace Payment disputes, once a Marketplace Payment has been made through the Pooltechy Platform, the payment obligation of the payor User shall be deemed satisfied by the payee User upon receipt of the Marketplace Payment by Pooltechy as though the payor User had made the Marketplace Payment directly to the payee User.

Payments by Pool Owners. Pool Owners may choose between a monthly subscription service, or a one-time service booking offered by a Pool Contractor. The fees for these services will be clearly disclosed at the time of ordering or subscribing to the services. The Pool Owner agrees that all payments made on the platform are non-refundable unless otherwise explicitly stated in these Terms.

Payments to Pool Contractors. Upon receipt of payment from Pool Owner, Pooltechy will, in its sole discretion, disburse the payment to the respective Pool Contractor less any applicable Pooltechy Platform fees and commissions. Pool Contractors understand that payment schedules may vary and are subject to factors such as service completion, receipt of payment from the Pool Owner, and/or Pooltechy Platform processing times.

Payments to Subcontractors. Pool Contractors have the option to post jobs on the platform and hire Pool Technicians for those jobs. Payment to the Pool Technicians shall be provided by the Pool Contractor, not Pooltechy. Pool Contractors agree to disclose the commission rates for each job posted on the platform and compensate Pool Technicians according to those rates upon satisfactory completion of the job. Pool Technician understands that payment schedules are subject to the terms agreed upon with the Pool Contractor, and that the Pooltechy is not responsible for late or missing payments from Pool Contractors.

Fees and Commissions. Pooltechy charges platform fees to all Users for the use of the platform, and these fees are subject to change at any time in Pooltechy’s sole discretion. Any changes to the fees will be communicated to all parties in a timely manner. The platform fees charged by the Pooltechy are separate from the commission set by the Pool Contractor for Pool Technician. Pool Contractors understand that any commissions set for Pool Technician must be factored into their service pricing. Pool Contractors acknowledge that they are solely responsible for remitting the correct amount to Subcontractors.

Users of the Pooltechy Platform may contract for Pool Maintenance Services directly with other Users. Pooltechy will not be a party to any contracts for Pool Maintenance Services. User, and not Pooltechy, is responsible for payment for all Pool Maintenance Service services through the Pooltechy Platform. Pooltechy is not obligated to compensate Pool Contractor or a Pool Technician for User’s failure to pay for services.

Pooltechy does not offer any professional services or Pool Maintenance Services directly or indirectly to any User. Any time a Pool Owner pays for or books Pool Maintenance Services on the Pooltechy Platform or receives a quote in connection with Pool Maintenance Services, such User is contracting directly with the Pool Contractor offering such Pool Maintenance Service. Notwithstanding any facilitation of booking or payment, you understand and agree that Pooltechy (i) does not sell, offer, provide or subcontract any Pool Maintenance Services and (ii) is not liable in any way for any Pool Contractor or Pool Technician. Notwithstanding Pooltechy’s role as a payment facilitator, each User who receives Marketplace Payments understands and agrees that they are obligated to perform the Pool Maintenance Services as outlined in their agreement with the other Users and work to remedy any material deviations from such contract.

Users who receive Marketplace Payments from other Users on Pooltechy must agree to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement. Pool Contractors and Pool Technicians (each a “ Pool Contractor or Pool Technician(s)” ) should never agree to receive a Marketplace Payment, or perform services in expectation thereof, before they have confirmed that they can comply with such Stripe agreements and, in particular, Pool Contractor or Pool Technicians should note that they will need a social security number or employer identification number in order to receive Marketplace Payments. As a Pool Contractor or Pool Technician, by agreeing to these terms or continuing to operate as a Pool Contractor or Pool Technician on Pooltechy, you agree to be bound by the Stripe Connected Account Agreement and Stripe Services Agreement, as those agreements may be modified by Stripe from time to time. As a condition of receiving payment processing services through Stripe, you agree to provide Pooltechy with accurate and complete information about you and your business, and you authorize Pooltechy to share this information and transaction information related to your use of the payment processing services provided by Stripe. Pool Contractor or Pool Technicians also agree that Pooltechy may debit their Stripe account in connection with disputes with Users. Pooltechy reserves the right to process such debits and to withhold final payments until Pooltechy has investigated disputes. Pooltechy may make a final decision on disputes in their sole discretion and, as a Pool Contractor or Pool Technician, you understand that all Marketplace Payments you may earn on the Pooltechy Platform are subject to such decisions. Additionally, Pool Contractor or Pool Technicians agree that Pooltechy may reverse payments that have been made to a Pool Contractor or Pool Technician’s Stripe Connected Account when a User refund or payout is warranted, including in connection with such Pool Contractor or Pool Technician’s actions or inactions that are prohibited by these Terms.

As a Pool Owner making a Marketplace Payment through Stripe, you agree to pay all amounts you owe when due using your preferred payment method. You further authorize Stripe to charge your preferred payment method for amounts you owe when they are due, whether they are recurring or one-time payments. You must keep all payment information you provide us up-to- date, accurate and complete. Do not share your payment card, bank account or other financial information with any other User. We take steps to secure all payment methods and other personal financial information, but we expressly disclaim any liability to you, and you agree to hold us harmless for any damages you may suffer as a result of the disclosure of your personal financial information to any unintended recipients.

Pooltechy may enable you to make Marketplace Payments using credit, debit, or prepaid cards, by linking your bank account, or by any other payment method we support. We reserve the right to cancel your ability to make payments with one or more of the payment methods you have authorized in our sole and absolute discretion.

If you choose your bank account as your Marketplace Payment method, you authorize Stripe to make Automated Clearing House (“ACH”) withdrawals from your bank account, and to make any inquiries we consider necessary to validate any dispute involving payments you make to us or to a User, which may include ordering a credit report and performing other credit checks or verifying the information you provide us against third-party databases. You authorize Pooltechy or our provider to initiate one or more ACH debit entries (withdrawals) or the creation of an equivalent bank draft for the specified amount(s) from your bank account, and you authorize the financial institution that holds your bank account to deduct such payments. You also authorize the bank that holds your bank account to deduct any such payments in the amounts and frequency designated in your Account. Your authorization will remain in effect until canceled in writing by you. You agree to notify us of any changes to your account information or termination of your authorization at least five days prior to your next payment.

If your full payment is not processed by us at the same time, you hereby authorize partial debits from your bank account, not to exceed the total amount of your order. You agree to pay any ACH fees or fines you or we incur associated with transactions you authorize. This return fee will vary based on which state you are located in. The return fee may be added to your payment amount and debited from your bank account if we resubmit an ACH debit due to insufficient funds. We may initiate a collection process or legal action to collect any money owed to us. You agree to pay all our costs for such action, including any reasonable attorneys' fees. Federal law limits your liability for any fraudulent, erroneous, or unauthorized transactions from your bank account based on how quickly you report it to your financial institution. You must report any fraudulent, erroneous or unauthorized transactions to your bank no more than 60 days after the disputed transaction appeared on your bank account statement. Please contact your bank for more information about the policies and procedures that apply unauthorized transactions and the limits on your liability.

Marketplace Payment Disputes. All requests for Marketplace Payment chargebacks, errors, claims, refunds and disputes (“ Payment Disputes ”) will be subject to review by Pooltechy in accordance with the rules applicable to the payment method you used to make the Marketplace Payment and will be in Pooltechy’s absolute discretion. Pooltechy is not liable to you under any circumstances for Payment Disputes we are unable to resolve in your favor. We will normally process a valid written Payment Dispute request within 30 days after we receive it, unless a shorter period is required by law. You may file a Payment Dispute by emailing it to Pooltechy support at [EMAIL]. If you close or deactivate your Account before we adjudicate your Payment Dispute, we will not be able to issue you any amounts you are owed. We will attempt to pay you any Payment Disputed amounts you are owed using the method with which you made the disputed payment, but we cannot guarantee that we will be able to do so if your payment method information is inaccurate, incomplete, or has been canceled.

If your actions result in, or are likely to result in, a Payment Dispute, a violation of these Terms or the creation of other risks to Pooltechy or our payment processing partners, or if we determine that your Account has been used to engage in deceptive, fraudulent, or illegal activity, then we may permanently withhold any amounts owed to you in our sole discretion. If you have a past due balance due on any Account, or for any additional amounts that we determine you owe us, we may, without limiting any other rights or remedies: (a) charge one or more of your payment methods; (b) offset any amounts you owe us against amounts you may be owed; (c) invoice you for amounts due to us, which such amounts will be due upon receipt; (d) reverse or block any credits to your bank account; or (e) collect payment from you by any other lawful means.

If you fail to make Marketplace Payments you owe when due, or if Pooltechy is unable to charge one of your payment methods for any reason, Pooltechy reserves all rights permissible under law to recover payment and all costs and expenses incurred, including reasonable attorneys' fees and related costs, in our pursuit of payment. You explicitly agree that all communication in relation to delinquent accounts or overdue payments will be made by electronic mail or by phone. Such communication may be made by Pooltechy or by anyone on our behalf, including but not limited to a third-party collections agent.

Pooltechy may, from time to time, place a hold on any of your payment methods in order to prevent failed payments or in order to reverse your booking.

Users of the Pooltechy Platform may be liable for any taxes or similar charges required to be collected and/or paid on the Pool Maintenance Services and/or fees provided under the Agreement.

In certain jurisdictions, applicable rules may require that we collect or report tax and/or revenue information about you. You agree that Pooltechy may issue on your behalf receipts or similar documentation to facilitate accurate tax reporting.

Penalty Fees for All Users. Pooltechy may also charge penalty Fees for fraud, misconduct, late payment or other violations of these Terms, as determined in our sole discretion. Information about current penalty Fees is available in the help center.

In addition, Pooltechy may charge certain penalty Fees disclosed directly in the Pooltechy Platform, including cancellation Fees.

You agree to pay all applicable Fees or charges based on the Fee and billing terms then in effect, regardless of whether you have an active Account. Charges will be made to the payment method designated at the time you accrue a Fee. If you do not pay on time or if Pooltechy cannot charge a payment method for any reason, Pooltechy reserves all rights permissible under law to recover payment plus all costs and expenses incurred, including reasonable attorneys' fees, in our pursuit of payment. If any Fee is not paid in a timely manner, or we are unable to process your transaction using the payment method provided, we reserve the right to terminate or suspend your Account.

You explicitly agree that all communication in relation to delinquent accounts or Fees due will be made by electronic mail or by phone. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. You agree to keep your contact information current, including but not limited to your email address and phone number. Such communication may be made by Pooltechy or by anyone on our behalf, including but not limited to a third-party collection agent. If you cancel your Account at any time, you will not receive any refund. If you have a balance due on your Account, you agree that Pooltechy may charge such unpaid Fees to any payment method or otherwise bill you for such unpaid Fees.

Taxes. Payments required by these Terms may be stated exclusive of all taxes, duties, levies, imposts, fines or similar governmental assessments, including sales and use taxes, value-added taxes, goods and services taxes, excise, business, service, and similar transactional taxes imposed by any jurisdiction and the interest and penalties thereon (collectively, “ Ta x e s ”). Certain jurisdictions, however, may require us to collect Taxes from you in connection with the purchase of, payment for, access to, facilitation of or use of the Pro Services, and you will be responsible for and bear Taxes associated with the purchase of, payment for, access to, or use of the Pro Services. Charges are inclusive of applicable Taxes where required by law. You hereby confirm that Pooltechy can determine your appropriate jurisdiction for tax purposes however it deems appropriate or as required by law, and you agree to pay taxes to Pooltechy when Pooltechy includes a charge for taxes on any invoice. You also understand and agree that you are solely responsible for determining your own tax reporting and sales and use tax collection requirements in consultation with your own tax advisers, and that we cannot and do not offer specific tax advice to either Pool Contractor or Pool Technicians or Consumers.

9. Pooltechy Promotions

You may receive certain offers from Pooltechy (“ Promotions ”), including but not limited to discounted or free use of the Pooltechy Platform for a limited period, discounts on or credits towards payments made for Pool Maintenance Services, and discounts or credits in relation to referrals. Any Promotions are offered at Pooltechy’s discretion, and may be revoked at any time and for any reason. Note that any attempt (as determined by Pooltechy in its sole discretion) to game, fraud, or in any way circumvent terms of a promotion is grounds for revocation, including but not limited to providing false information or utilizing multiple User accounts.

You are only eligible for any benefits described in the Promotion if (a) you received a communication directly from Pooltechy offering you that Promotion, (b) you satisfy all the requirements identified in that communication; and (c) you maintain an account in good standing with Pooltechy. We may condition receipt of a benefit described in a Promotion in any manner we see appropriate, including limiting eligibility to a subset of Users, to specific categories, or to certain dates. To be eligible for a benefit described in a Promotion, you may need to take a specific action (including but not limited to signing up for a service) or make a payment for specific services. Except where otherwise noted, Promotions are for one-time use only and cannot be stacked (i.e. a User may only use one Promotion per project).

Any benefits from participating in the Promotion, requirements of accepting the offer, and any other conditions to receive any benefit described in the Promotion will be disclosed to you. After a Promotion ends, regardless of whether you have already satisfied the requirements, you will be ineligible to receive those benefits. Notwithstanding anything to the contrary, Pooltechy may revoke a benefit if we believe that you have not satisfied the Promotion requirements, including maintaining an Account in good standing.

10. Accessing the Platform and Account Security

We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.

You are responsible for both:

To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information to create an account (“ Account ”). It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. You agree that all information you provide to register with this Platform or otherwise, including, but not limited to, through the use of any interactive features on the Platform, is governed by our Privacy Policy http://www.pooltechy.com/privacy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

11. Sanctions For Violations Of These Terms

Without limiting any other rights, Pooltechy may, in our sole discretion, take any action permitted by law for any violation of these Terms or any other policy or agreement between you and Pooltechy, including but not limited to removing content you posted, limiting your Account access, requiring you to forfeit certain funds (including by way of setoff of amounts processed or held by Pooltechy in connection with your use of the Pooltechy Platform), assessing monetary penalties or costs, terminating your Account, notifying other Users of the termination of your Account and/or the violation of these Terms, decreasing your status or search rank, canceling quotes or postings, blocking access, investigating you, and/or cooperating with law enforcement agencies in investigation or prosecution.

12. Account Suspension Or Termination

We may, in our discretion, with or without cause, with or without prior notice and at any time, limit, block, suspend, deactivate or cancel your Account in whole or in part. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: (a) your Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Pooltechy Platform or your content, or receive assistance from Pooltechy support teams; (b) if appropriate in our sole discretion, we may communicate to other Users that your Account has been terminated, blocked, suspended, deactivated, canceled, or otherwise penalized in any way, and why this action has been taken; and (c) you will not be entitled to any compensation for Pooltechy Platform services or Pool Maintenance Services canceled or delayed as a result of Account termination. You may cancel your use of the Pooltechy Platform and/or terminate your Account at any time by following the "Settings" link in your profile. Please note that if your Account is canceled, we do not have an obligation to delete or return to you any content you have posted to the Pooltechy Platform, including, but not limited to, any reviews. Please see our Privacy Policy, incorporated herein by reference, for information regarding data deletion requests following Account termination.

13. Your License To Use The Platform

Subject to your compliance with these Terms, Pooltechy grants you a limited, non-exclusive, revocable, nontransferable, and non-sublicensable license to reproduce and display content (excluding any software source code) solely for your personal and non-commercial use and only in connection with your access to and participation in the Pooltechy Platform. You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Pooltechy Platform or Content, except as expressly permitted in these Terms. The Pooltechy Platform and Content are provided to you as is. If you download or print a copy of Content for personal use, you must retain all copyright and other proprietary notices contained thereon. No licenses or rights are granted to you by implication or otherwise regarding any intellectual property rights owned or controlled by Pooltechy or our licensors, except for the licenses and rights expressly granted in these Terms.

14. Intellectual Property Rights

The Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Platform for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except as follows:

You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you wish to make any use of material on the Platform other than that set out in this section, please address your request to: legal@pooltechy.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Platform in breach of the Terms, your right to use the Platform will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Platform or any content on the Platform is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Platform not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

15. Trademarks

The Company name, the term “POOLTECHY”, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Platform are the trademarks of their respective owners.

16. Prohibited Uses

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

17. Tracking Communications

In order to ensure appropriate charging of Fees and compliance with these Terms, Pooltechy may track the occurrence of communications between Consumers and Pool Contractor or Pool Technicians that occur off of the Pooltechy Platform via email, phone call, SMS text message, third-party websites, or any other means, whether initiated by a Pool Owner, Pool Contractor, or Pool Technician. In order to track the occurrence of such communications, Pooltechy may obscure Pool Contractor or Pool Technician contact information in their profile, replace Pool Contractor or Pool Technician contact information in their profile with a different piece of contact information that will forward to the User, or take any other step reasonably calculated to track the occurrence of such communications. Except as explicitly stated herein, we will not record or review the content of any communications that do not come into contact with the Pooltechy Platform unless we first obtain your permission.

If you send text messages to a Pool Owner or Pool Contractor or Pool Technician using the telephone number for that User available on the Pooltechy Platform, we may use a third-party service provider to track these text messages. We track these text messages for fraud prevention, to ensure appropriate charging of Fees, to enforce these Terms, and for quality and training purposes. As part of this process, Pooltechy and our service provider will receive in real time and store data about your text message, including the date and time of the text message, your phone number, and the content of the text message.

18. User Contributions

The Platform may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features (collectively, " Interactive Services ") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, " post ") content or materials (collectively, " User Contributions " or “ Content ”) on or through the Platform.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the site will be considered non-confidential and non- proprietary. By providing any User Contribution on the Platform, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Platform.

19. Monitoring and Enforcement; Termination

We have the right to:

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Platform, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

20. Content Standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement at legal@pooltechy.com. It is the policy of the Company to terminate the user accounts of repeat infringers.

22. Reliance on Information Posted

The information presented on or through the Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Platform, or by anyone who may be informed of any of its contents.

This Platform may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

23. Changes to the Platform

We may update the content on this Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Platform may be out of date at any given time, and we are under no obligation to update such material.

24. Information About You and Your Visits to the Platform

All information we collect on this Platform is subject to our Privacy Policy http://www.pooltechy.com/privacy. By using the Platform, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

25. Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, or services, or information formed through the Platform, or resulting from visits made by you, are governed by our Terms as advertised on the Platform, which are hereby incorporated into these Terms.

Additional terms and conditions may also apply to specific portions, services, or features of the Platform. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

26. Telephone Communications and Agreement to be Contacted

(a) Your Consent to Receive Automated Calls/Texts.

You acknowledge that by voluntarily providing your telephone number(s), you expressly agree to receive calls or text messages (which may include prerecorded voice messages, and/or autodialed calls) from Pooltechy, or from independent contractors (including Pool Contractors and Pool Technicians) related to promotions, your account, registration, onboarding, upcoming or scheduled Pool Maintenance Services, changes and updates, service outages, follow ups to any push notifications delivered through our mobile application, any transaction with Pooltechy, and/or your relationship with Pooltechy. You acknowledge that automated calls or text messages may be made to your telephone number(s) even if your telephone number(s) is registered on any state or federal Do Not Call list. You agree that Pooltechy may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means. You agree to receive automated calls and text messages from Pooltechy and Affiliates, or from independent contractors (including Pool Contractors or Pool Technicians) even if you cancel your account or terminate your relationship with Pooltechy, except if you opt-out. You understand that you do not have to agree to receive automated promotional calls/texts as a condition of purchasing any goods or services. Message frequency varies. Carriers are not liable for delayed or undelivered messages. To opt-out, please see the Opt-Out Instructions below.

(b) Opt-Out Instructions.

Your consent to receive automated calls and texts is completely voluntary. You may opt-out at any time. To opt-out of text messages, automated voice calls (not text messages) , or emails, send us an email with your request at legal@pooltechy.com revoking your consent to receiving automated calls; in that written notice, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls. It is your sole responsibility to notify Pooltechy if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt-out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

27. Mobile App Updates and Upgrades

By installing the App(s), you consent to the installation of the App(s) and any updates or upgrades that are released through the Pooltechy Platform. The App (including any updates or upgrades) may (i) cause your device to automatically communicate with Pooltechy’s servers to deliver the App functionality and to record usage metrics, (ii) affect App-related preferences or data stored on your device, and (iii) collect personal information as set out in our Privacy Policy. You can uninstall the App(s) at any time.

28. Linking to the Platform and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Platform may provide certain social media features that enable you to:

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

29. Links from the Platform

If the Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

30. Geographic Restrictions

The owner of the Platform is based in the State of Florida in the United States. We provide this Platform for use only by persons located in the United States. We make no claims that the Platform or any of its content is accessible or appropriate outside of the United States. Access to the Platform may not be legal by certain persons or in certain countries. If you access the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

31. Use Of The Pooltechy Platform Is Entirely At Your Own Risk

THE TECHNOLOGY OF THE PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, GOOD AND WORKMANLIKE SERVICES, AND NON-INFRINGEMENT. POOLTECHY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE PLATFORM OR THE CONTENT OF ANY SITES LINKED TO THE PLATFORM AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE PLATFORM, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

Pooltechy does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third-party through the Pooltechy Platform or any hyperlinked website or featured in any banner or other advertising, and Pooltechy will not be a party to or in any way be responsible for any transaction between you and other Users, or you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Pooltechy does not warrant that access to the Pooltechy Platform will be uninterrupted or that the Pooltechy Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Pooltechy Platform, or as to the timeliness, accuracy, reliability, completeness or content of any Pool Maintenance Service, service, information or materials provided through or in connection with the use of the Pooltechy Platform. Pooltechy is not responsible for the conduct, whether online or offline, of any User. Pooltechy does not warrant that the Pooltechy Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites. Pooltechy will implement appropriate technical and organizational measures to ensure a level of security adapted to the risk for any personal information supplied by you.

Notwithstanding any feature or service that you may use, you are responsible for determining the Pool Maintenance Service and selecting or otherwise approving the Pool Maintenance Service. Pooltechy does not warrant any goods or services purchased by you and does not recommend any Pool Contractor, Pool Owner or Pool Technician. Pooltechy does not provide any warranties or guarantees regarding any Pool Contractor or Pool Technician’s ability, professional accreditation, registration or licensure.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

32. Limitation on Liability

You acknowledge and agree that Pooltechy is only willing to provide the Pooltechy Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Pooltechy, its agents, officers, or affiliates, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, direct, indirect, incidental, actual, consequential, economic, special, or exemplary, including attorneys’ fees and costs (collectively, “ Liabilities ” ) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Pooltechy Platform, including without limitation any Liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Pooltechy, and any destruction of your Content.

UNDER NO CIRCUMSTANCES WILL POOLTECHY WILL BE LIABLE FOR, AND YOU HEREBY RELEASE POOLTECHY FROM ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY POOLTECHY, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM OR THE POOL MAINTENANCE SERVICE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. Some jurisdictions do not allow the exclusion of certain warranties or limitation of incidental or consequential damages; in such cases the above limitations may not apply to you in their entirety.

POOLTECHY EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF ITS PLATFORM. POOLTECHY ALSO DOES NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED VIA THE PLATFORM.

IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT POOLTECHY ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO POOLTECHY (IF YOU ARE A USER) OR TOTAL POOL MAINTENANCE SERVICE PAYMENTS PAID TO YOU BY USERS (IF YOU ARE A POOL CONTRACTOR OR A POOL TECHNICIAN), DURING THE 2 MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

33. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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 or your use of the Platform, including, but not limited to, your User Contributions, any use of the Platform 's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Platform.

34. Governing Law and Jurisdiction

All matters relating to the Platform and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Florida without giving effect to any choice or conflict of law provision or rule (whether of the State of Florida or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida, in each case located in the City of Leigh Acres and County of Lee, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

35. Arbitration

Any dispute, controversy, or claim arising out of or related to this Agreement or any breach of this Agreement, except for actions seeking injunctive relief pending Arbitration, shall be submitted to and decided by binding arbitration. Arbitration shall be administered exclusively by the American Arbitration Association and shall be conducted consistent with its rules, regulations, and requirements. Any arbitral award determination shall be final and binding upon the Parties. Arbitration shall be held in City of Leigh Acres, County of Lee, Florida. The prevailing party to any injunctive relief or arbitration shall be entitled to attorneys’ fees and costs.

A User who intends to seek arbitration must first send a written notice of the dispute to Pooltechy by certified U.S. Mail or by Federal Express (signature required) or, only if Pooltechy has not provided a current physical address, then by electronic mail. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought (“ Demand ”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice is received, the User or Pooltechy may commence an arbitration proceeding.

36. No Class Actions

THE USER AND POOLTECY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN THEIR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both User and Pooltechy agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

37. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

38. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

39. Entire Agreement

The Terms, and our Privacy Policy constitute the sole and entire agreement between you and PoolTechy LLC regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Platform.

40. Your Comments and Concerns

This website is operated by PoolTechy LLC, 3810 28th St SW, Lehigh Acres, FL 33976.

All notices of copyright infringement claims should be sent to the copyright agent via email at legal@pooltechy.com

All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to: support@pooltechy.com

41. Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices” ) to which this Agreement refers electronically, including without limitation by email or by posting Notices on the Sites. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service.

If you have any questions about these Terms or about the Pooltechy Platform, please contact us by email at support@pooltechy.com

42. Consent to Electronic Signatures

By using the Pooltechy Platform, you agree to transact electronically through the Pooltechy Platform. You also agree to the following: (i) your electronic signature is the legal equivalent of your manual signature and has the same legal effect, validity and enforceability as a paper-based signature; (ii) your use of a keypad, mouse or other device to select an item, button, icon or similar act/action, constitutes your signature as if actually signed by you in writing; and (iii) no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.