Terms of Service

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These Terms of Service (“Terms”) constitute a legally binding agreement between Paimons Codex LLC, a Florida limited liability company (“Pool Health,” “we,” “us,” or “our”), and you, the individual or legal entity that accesses or uses the Pool Health platform and related mobile application (collectively, the “Service”).

By creating an account or accessing the Service, you agree to these Terms. If you do not agree, do not use the Service. If you are accepting these Terms on behalf of a business entity, you represent that you have authority to bind that entity.

1. Definitions

• “Customer” means a pool service company or other business entity that has registered for the Service.
• “User” means any individual who accesses the Service under a Customer’s account, including account owners (“Owners”) and invited field technicians (“Technicians”).
• “Customer Data” means all data, content, and information uploaded, submitted, or generated by Users within the Service, including homeowner records, pool data, service history, photographs, quotes, and invoices.
• “Subscription” means access to the Service on a recurring billing basis as described in Section 5.

2. Account Registration and Eligibility

To use the Service you must: (a) be at least eighteen (18) years of age; (b) provide accurate, current, and complete registration information; (c) maintain and promptly update your account information; and (d) maintain the security of your account credentials. You are responsible for all activity that occurs under your account.

You may not create an account for or on behalf of a competitor of Pool Health for the purpose of evaluating or replicating the Service. Pool Health reserves the right to refuse registration or cancel accounts at its discretion.

3. Acceptable Use

You agree to use the Service only for lawful purposes. You must not:

1. Violate any applicable federal, state, or local law or regulation, including privacy laws governing the personal data you upload about homeowners and other individuals
2. Upload, transmit, or store data for which you do not have lawful authority (e.g., uploading another company’s customer records without authorization)
3. Attempt to gain unauthorized access to any part of the Service, any other Customer’s data, or our underlying infrastructure
4. Interfere with or disrupt the integrity or performance of the Service or the data contained therein
5. Transmit malware, viruses, or other malicious code
6. Reverse-engineer, decompile, or disassemble the Service, or attempt to derive the source code of any component
7. Sublicense, resell, or make the Service available to third parties except as expressly permitted (e.g., inviting your own Technicians)
8. Use automated scraping, crawling, or data extraction tools against the Service without our prior written consent
9. Use the Service in any manner that could create liability for Pool Health or bring Pool Health into disrepute

You are solely responsible for ensuring that your use of the Service — including the personal data you upload about your customers — complies with all applicable privacy laws (including CCPA, GDPR, and state breach notification statutes) and with your own privacy notices to your customers.

4. Artificial Intelligence Features

The Service includes AI-powered features that generate service instructions by sending pool technical data to a third-party large language model API (currently Anthropic’s Claude). You acknowledge and agree that:

1. AI output is advisory only. AI-generated service instructions are suggestions to assist trained pool service professionals. They are not professional engineering, chemical, or safety advice. You and your technicians must apply independent professional judgment before acting on any AI suggestion.
2. No guarantee of accuracy. Pool Health does not warrant that AI-generated content is accurate, complete, or appropriate for any specific pool or situation.
3. No personal identifiers transmitted. We transmit only technical pool data (specifications, chemical readings, equipment details) to the AI API — not homeowner names, addresses, or contact information.
4. Misuse. You must not submit prompts or data to AI features intended to generate harmful, illegal, or misleading content.

5. Subscription, Fees, and Billing

5.1 Free Trial

New accounts receive a fourteen (14) day free trial beginning on the date of registration. No credit card is required to start a trial. During the trial period, you may access all features of the Service subject to these Terms. At the end of the trial period, you must subscribe to continue using the Service.

5.2 Subscription Plans and Pricing

The Service is offered at a rate of $2.00 USD per pool per month (“Pool Count” billing). The Pool Count is set by the Owner and reflects the number of pools managed through the Service. A property with multiple pools (e.g., a hotel or estate) is billed per individual pool, not per property. Pricing is subject to change upon thirty (30) days’ notice.

5.3 Billing Cycle and Payment

Subscriptions are billed monthly in advance. Payment is processed by Stripe, Inc. on behalf of Pool Health. By providing a payment method, you authorize Pool Health and Stripe to charge your payment method on a recurring monthly basis until you cancel. All fees are in U.S. dollars and are exclusive of taxes. You are responsible for all applicable taxes.

5.4 Pool Count Changes

When you increase your Pool Count mid-cycle, the incremental charge is prorated to the end of the current billing period. When you decrease your Pool Count, the reduction takes effect at the start of the next billing cycle; no credit is issued for the current period.

5.5 Cancellation

You may cancel your Subscription at any time by contacting support@poolhealth.ai. We will process your cancellation within one (1) business day and confirm by email. Cancellation takes effect at the end of the then-current billing period. You retain access to the Service through the end of the paid period. Upon cancellation, your Customer Data will be retained for ninety (90) days, during which you may request an export by contacting support@poolhealth.ai; after that period it will be deleted or anonymized.

5.6 Refund Policy

All fees are non-refundable, except: (a) where required by applicable law; or (b) where Pool Health determines, in its sole discretion, that a refund is warranted due to a service outage or billing error caused by Pool Health. We do not provide credits or refunds for partial months of service, unused features, or early termination.

5.7 Late Payment and Suspension

If a payment fails, we will notify you and attempt to process the payment again. If payment remains outstanding for seven (7) calendar days after the due date, we may suspend your access to the Service. If payment remains outstanding for thirty (30) days, we may terminate your account. Reinstatement after suspension requires payment of all overdue amounts.

6. Data Ownership, License, and Use

6.1 Your Ownership of Customer Data

You own your Customer Data. Pool Health claims no ownership over it. You grant Pool Health a limited, non-exclusive, worldwide license to store, process, transmit, and display Customer Data solely as necessary to provide and improve the Service for you.

6.2 Data Portability and Export

Upon written request to support@poolhealth.ai, we will provide an export of your Customer Data in a machine-readable format within fifteen (15) business days. Following termination or expiration of your subscription, we will retain your Customer Data for ninety (90) days, during which you may request an export. After that period, Pool Health has no obligation to retain or return Customer Data.

6.3 Aggregated Anonymized Data

Pool Health may create and use aggregated, anonymized statistical data derived from Customer Data and usage patterns (for example, average chemical readings across pool types, or most-used checklist items) for the purposes of product development, performance benchmarking, and improving the Service. Such aggregated data does not identify you, your organization, your Technicians, or your customers, and is not Customer Data.

6.4 Your Responsibilities Regarding Customer Data

You represent and warrant that: (a) you have all rights, consents, and authorizations necessary to upload Customer Data to the Service; (b) your Customer Data does not violate any applicable law or third-party rights; and (c) you have provided, and will continue to provide, any required privacy notices to the homeowners and other individuals whose personal data you upload.

7. Intellectual Property

The Service, including its software, design, trademarks, and content (excluding Customer Data), is owned by Paimons Codex LLC and its licensors, and is protected by copyright, trademark, and other intellectual property laws. These Terms do not transfer any ownership interest in the Service to you.

We welcome feedback and suggestions. If you submit ideas or feedback about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation to you.

8. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with the Service that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure (“Confidential Information”). Customer Data is your Confidential Information. Our proprietary technology, pricing, and business plans are our Confidential Information. Neither party will use the other’s Confidential Information except to exercise rights or fulfill obligations under these Terms. These obligations do not apply to information that is: (a) publicly known through no breach of these Terms; (b) rightfully received from a third party without restriction; or (c) required to be disclosed by law or court order.

9. Privacy and Data Processing

Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

For Customers subject to GDPR or similar data protection laws, Pool Health acts as a data processor with respect to end-client personal data uploaded by the Customer. Upon request, we will enter into a Data Processing Agreement (“DPA”) consistent with applicable requirements. Please contact privacy@poolhealth.ai to request a DPA.

10. Warranties and Disclaimers

Pool Health warrants that it will use commercially reasonable efforts to provide the Service in a professional manner consistent with industry standards. We will notify you of planned maintenance. We do not guarantee that the Service will be uninterrupted, error-free, or available 100% of the time.

EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, POOL HEALTH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

POOL HEALTH DOES NOT WARRANT THAT: (A) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS; (B) AI-GENERATED CONTENT IS ACCURATE, COMPLETE, OR SAFE; (C) ANY DEFECTS IN THE SERVICE WILL BE CORRECTED; OR (D) THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL POOL HEALTH, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, EVEN IF POOL HEALTH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

POOL HEALTH’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO POOL HEALTH IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS ($100).

The parties acknowledge that the limitations of liability in this section reflect a reasonable allocation of risk and are a fundamental element of the basis of the bargain between the parties. Pool Health would not enter into these Terms without these limitations.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, Pool Health’s liability will be limited to the greatest extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Paimons Codex LLC and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in connection with: (a) your use of the Service in violation of these Terms; (b) your violation of any applicable law, including privacy laws governing the personal data of homeowners you upload; (c) your Customer Data, including any claim that your Customer Data infringes or misappropriates third-party rights; (d) any reliance on AI-generated service instructions by you or your Technicians; or (e) any claim by your customers arising from your provision of pool services.

13. Termination

13.1 Termination by You

You may terminate your account at any time by canceling your Subscription per Section 5.5 or by contacting support@poolhealth.ai. Fees already paid are non-refundable per Section 5.6.

13.2 Termination by Pool Health

Pool Health may suspend or terminate your account immediately upon notice if: (a) you breach any material provision of these Terms and fail to cure the breach within seven (7) days of written notice; (b) you engage in fraudulent or illegal activity; (c) continued access poses a security risk to the Service or other users; or (d) we are required to do so by law or regulatory authority.

Pool Health may discontinue the Service in its entirety with sixty (60) days’ prior written notice. In such case, we will provide a prorated refund of prepaid fees for the unused portion of the then-current billing period.

13.3 Effect of Termination

Upon termination: (a) your right to access and use the Service immediately ceases; (b) Customer Data will be retained for ninety (90) days during which you may request an export by contacting support@poolhealth.ai, after which it will be deleted or anonymized; (c) Sections 6, 7, 8, 10, 11, 12, 14, 15, and 16 survive termination.

14. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law principles. You agree that any dispute not subject to arbitration under Section 15 will be brought exclusively in the state or federal courts located in Palm Beach County, Florida, and you consent to the personal jurisdiction of those courts.

15. Dispute Resolution and Arbitration

15.1 Informal Resolution First

Before initiating formal proceedings, both parties agree to attempt to resolve any dispute informally. Contact us at legal@poolhealth.ai describing your dispute. We will attempt to resolve the matter within thirty (30) days of receipt.

15.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a “Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, except as modified herein. The arbitration will be conducted in Palm Beach County, Florida (or by video conference if both parties agree), and in the English language. The arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

15.3 Class Action Waiver

YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm, including unauthorized use of intellectual property or breach of confidentiality obligations. Nothing in this section prevents Pool Health from pursuing collection of overdue fees.

15.5 Consumer Protection Laws

If mandatory consumer protection laws in your jurisdiction prohibit arbitration of certain claims or provide you with different rights, those laws will govern to the extent they conflict with this section.

16. General Provisions

16.1 Entire Agreement

These Terms, together with the Privacy Policy and any order forms or supplemental agreements executed by the parties, constitute the entire agreement between you and Pool Health with respect to the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

16.2 Amendments

We may update these Terms from time to time. For material changes, we will provide at least thirty (30) days’ advance notice by email to the address associated with your account. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you object to a material change, your sole remedy is to cancel your Subscription before the effective date, in which case we will issue a prorated refund for any prepaid period following the effective date.

16.3 Waiver and Severability

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. If any provision is found to be unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

16.4 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. Pool Health may assign these Terms in connection with a merger, acquisition, sale of substantially all of its assets, or operation of law, without your consent and without notice, provided the assignee assumes all obligations under these Terms.

16.5 Force Majeure

Neither party will be in default or liable for delays or failures in performance (other than payment obligations) to the extent caused by events beyond that party’s reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, or failures of third-party internet or telecommunications infrastructure.

16.6 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights. Your customers (homeowners) do not have rights under these Terms against Pool Health.

16.7 Notices

Legal notices to Pool Health must be sent by email to legal@poolhealth.ai and by certified mail to: Paimons Codex LLC, West Palm Beach, FL, USA. Notices are effective on the date of confirmed delivery. We may send notices to the email address associated with your account.

16.8 Beta Features

Pool Health may offer features labeled “Beta,” “Early Access,” or similarly marked. Such features are provided “as is” without any warranty, may be discontinued at any time, and are excluded from any service-level commitments. During any period in which Pool Health offers the Service at no charge or describes it as “early access,” the Service is provided in a beta capacity under this section.

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