Terms of Service

Welcome to the Pool Guy App (“Pool Guy” or “Pool Guy App” or “App”). Pool Guy Technologies Limited ("Owner" or "We"), a New Zealand company, provides this business-to-business mobile application, WebApp and website (https://getpoolguy.com) (“Website”) (collectively, "Platforms" or "Platform") exclusively to authorised pool service companies ("User" or "You"). This Terms of Service ("ToS") constitutes a legally binding agreement. By using our Platforms, You accept this ToS.

Pool Guy is a B2B-only platform providing digital tools for pool service companies and sole traders to manage business operations, documentation, team collaboration, and analytics. This is not a consumer service. Persons not operating as a business are not authorised to register for an Account or use the App in any way.

You accept this ToS by creating an account, downloading the App; using our Platforms or continuing use after notification of changes. If accepting for a business entity, You confirm you have authority to bind that entity. Acceptance includes our Privacy and Cookies Policy and related documents referenced in Clause 1.5. Unauthorised access to the Platforms (including via scraping, security bypass, or access outside the scope of permissions granted under this ToS) is strictly prohibited and may constitute a breach of intellectual property, privacy, and other laws. We reserve all legal and equitable rights and remedies in respect of any unauthorised access or use. Unauthorised access does not constitute valid acceptance of this ToS.

Requirements:

• You must be a registered business entity or sole proprietor with valid business registration/tax identification;
• Minimum age 18 or legal majority in your jurisdiction;
• If representing an entity, You must have legal authority to bind it.

We may update this ToS with email notice and Platform posting. Material changes require 30 days' notice. Continued use after the effective date constitutes acceptance of any changes. If you are unhappy with the changes, cease using our Platforms immediately.

This ToS operates with our Privacy and Cookies Policy, which explains data collection, use of data, and protection of data. Together these form your complete agreement with the Owner. This ToS takes precedence unless explicitly stated otherwise. Our Privacy and Cookies Policy is incorporated in this ToS by reference and forms part of this ToS.

You warrant that:

• You acquire and use the Service in trade and for business purposes only and not as a consumer under the New Zealand Consumer Guarantees Act 1993, the Australian Consumer Law, or any similar consumer protection legislation;
• You are a business entity or sole trader using the Service solely in connection with your business activities; and
• You will not permit individual consumers or End Customers to use or access the Service or the App or WebApp.

You agree that the Consumer Guarantees Act 1993 (NZ), the Australian Consumer Law, and any similar consumer protection legislation are excluded to the maximum extent permitted by law in relation to your use of the Service and the Platforms.

Before commencing operations in specific jurisdictions, We confirm:

• EU/EEA: EU Representative will be appointed and contactable under GDPR Article 27;
• Australia: Compliance with APP 1 (open and transparent management) including published Privacy Policy;
• All Jurisdictions: Sub-processor agreements executed with appropriate data protection clauses;
• Data breach response procedures established meeting all applicable notification timelines.

Service availability in each jurisdiction is contingent on these prerequisites being met.

The following definitions apply throughout this ToS:

"Account" means your Pool Guy business account, including all associated data, settings, and team members.

"Casual User" means any person or entity who accesses and/or uses the Platforms and who does not have an Account and is not authorised or entitled to have an Account.

"Data Controller" means, except where indicated otherwise, You, the User. You control why and how End Customer Data is processed.

"Data Protection Impact Assessment (DPIA)" means an assessment of the impact of processing operations on the protection of personal data as required under Article 35 GDPR.

"Data Processor" means the Owner. We process End Customer Data only on your instructions.

“End Customer” means the pool owner who is the customer of the User. There is no relationship between the End Customer and either the Owner or Pool Guy.

"End Customer Data" means information about the User's customers (pool owners) that You input into the App, including names, addresses, service records, photos and pool information.

"Platforms" means our mobile applications (iOS and Android), the WebApp and Website, collectively or individually.

"Service" or "Services" means all features, functionality, and support We provide through our Platforms.

"Standard Contractual Clauses" means the standard data protection clauses adopted by the European Commission for international data transfers.

"User" or "You" means the business entity or sole proprietor that operates a business and creates an account and uses the App and our Services as an Authorised User for use in their business and includes persons and entities who trial the Pool Guy App under a Free Trial arrangement.

Providing false information constitutes a material breach and may result in immediate termination.

You must provide and maintain accurate business information: legal name, registration/tax ID, address, business email, and phone number. Updates of any changes must be made within 14 days. You consent to third-party verification.

Multi-company accounts are supported with separate subscriptions, data segregation, and team assignment per company.

Security is a shared responsibility. You must maintain strong passwords (never shared, including with Pool Guy staff), enable MFA when available, and report unauthorised access to privacy@getpoolguy.com within 24 hours. You remain liable for all account activity until unauthorised access is reported.

Three role based access levels (Owner, Admin, Technician) with permissions are displayed in App. You are fully responsible for team member actions and must grant access only to authorised personnel. You must immediately revoke access upon departure of personnel, monitor activity of the account and ensure ToS compliance. You accept liability for all account activity regardless of user.

Current tiers and features available in-app, incorporated by reference.

Apple/Google stores: via RevenueCat.

Web: Stripe (credit/debit cards). Choose one platform - subscriptions cannot be combined.

Pricing: USD (unless stated otherwise) plus 15% GST for New Zealand Users. For International customers (including Australia and EU), fees are exclusive of any applicable sales tax, VAT, or GST. You are responsible for paying all such taxes and duties in your jurisdiction.

Free Trials: 30 days for new Users with payment details required. Automatic conversion to paid subscription unless cancelled.

Auto-renewal: Monthly/annual plans renew automatically unless cancelled.

Cancellation: Effective at billing period end; data accessible for 90 days.

Changes: Upgrades are immediate with pro-rated charges; downgrades at next billing.

Refunds: No refunds for monthly plans and for ToS breaches. Annual plans are pro-rated if cancelled within 30 days. If You terminate your Subscription due to a material change to this ToS by Us that adversely affects your rights or use of the Service, or if We terminate the Service for convenience (discontinuation), You are entitled to a pro-rata refund of any prepaid but unused fees calculated from the date of termination.

The refund rules in this Section 4.3 apply only to subscriptions purchased directly via our web billing (Stripe). For subscriptions purchased via the Apple App Store or Google Play, refunds are governed by the respective store's refund policies as described in Section 13.3.

Failed Payments: 7 days to update; suspension thereafter with possible late fees.

Price Changes: Current pricing is locked until next renewal and 30 days' notice for increases.

Beta Features: Any Beta features provided are "on an as-is" without warranty; may be modified/discontinued anytime.

Our App and WebApp are B2B only platforms for professional pool service businesses to manage:

• service documentation;
• water testing;
• chemical/inventory tracking;
• equipment repairs;
• team management;
• customer/pool information;
• billing/revenue tracking (payment processing excluded);
• business analytics.

Please note that We do not give any financial advice. Any financial data shown in reports in the Pool Guy App is nothing more than a record of data that you input and the financial data is provided exclusively for informational purposes only. Should you need financial advice, You are strongly advised to contact your accountant or a licensed financial advisor.

Prohibited uses of the Platforms include but are not limited to consumer/personal use, End Customer access, credential sharing, circumventing limits/security, reverse engineering, data scraping, introducing malware, illegal activities, privacy law violations, harvesting/selling customer data and spam.

iOS 13+, Android 6.0+, modern browsers, internet connection.

Pool Guy does not replace your duty to maintain safe work practices and safe work places. You are solely responsible for the safety of your employees, technicians and contractors when providing your pool services and the use of any chemicals. We will not accept any liability for any accidents or damage caused by your work practices or your failure to provide a safe work place.

You are a Data Controller for End Customer data; We are a Data Processor handling it per your instructions. We are the Controller for your business account data.

Lawful basis for collection, consent management, privacy notices, data subject requests, privacy law compliance.

Our Processor Role: Process only per instructions, no use for own purposes, maintain security.

Current: Google Firebase, RevenueCat, Stripe, Sentry. You consent to these sub-processors. 30-day notice for changes will be given with objection rights. The current sub-processor list is published in Clause 16 of our Privacy Policy (https://getpoolguy.com/privacy) and will be updated when changes occur.

Objection Process: To object to a new sub-processor:

• Submit objection within 14 days of notification via privacy@getpoolguy.com;
• Include specific concerns and impact assessment;
• We will work to address concerns or provide alternative arrangements;
• If accommodation is not possible, You may terminate your subscription with pro-rated refund.

All sub-processors maintain appropriate data protection agreements meeting GDPR Article 28 requirements.

For EEA transfers, EU Commission SCCs (Module Two: Controller-to-Processor, Decision 2021/914) are incorporated by reference. You are the exporter and We are the importer.

You must comply with applicable laws (NZ Privacy Act, GDPR, Australian Privacy Act) including consent, notices, and lawful processing.

You must maintain a lawful basis (contract/legitimate interests/legal obligation/consent), obtain required consents, minimise data collection, use role-based permissions appropriately.

Data may be processed and stored in multiple countries through Google Firebase and our other sub‑processors listed in Section 6.2 of this ToS and in our Privacy and Cookies Policy.

EEA personal data: Where We transfer personal data from the European Economic Area (EEA) to countries that do not have an adequacy decision from the European Commission, We will implement appropriate safeguards such as:

• Standard Contractual Clauses (including the EU Commission's 2021/914 clauses, using the appropriate module(s) as applicable); and
• Technical and organisational measures such as encryption, access controls, and access minimisation.

New Zealand personal information: For personal information subject to the New Zealand Privacy Act 2020, We will comply with Information Privacy Principle 12 by ensuring that overseas recipients are either subject to comparable privacy protections or are bound by contractual arrangements that provide comparable safeguards.

Australian personal information: For personal information subject to the Australian Privacy Act 1988 and Australian Privacy Principles (APPs), We will comply with APP 8 by taking reasonable steps to ensure that overseas recipients do not breach the APPs in relation to such information.

Your acknowledgement: By using the Service, You acknowledge that such international transfers will occur as part of the normal operation of the Service and that We will implement the safeguards described in this Section 6.6 and in our Privacy and Cookies Policy. This acknowledgement does not waive or limit any statutory rights You or End Customers may have under applicable data protection laws.

Consent based transfers: We do not rely on consent as a mechanism for international data transfers in a B2B context due to GDPR requirements regarding the validity of consent in business relationships.

We will, in our role as Data Processor for End Customer Data:

Process only on documented instructions: Process End Customer Data only on your documented instructions, including as set out in this ToS and our Privacy and Cookies Policy, unless required to do so by applicable law. In that case, We will inform You of that legal requirement unless the law prohibits such notice.

Confidentiality and security: Implement appropriate technical and organisational security measures as described in Section 11.1, and ensure that any person acting under our authority who has access to personal data (including our employees, contractors, and sub‑processors) is subject to an appropriate duty of confidentiality (whether contractual, statutory, or professional).

Assistance with data subject rights and compliance: Assist You, insofar as is reasonably possible, in fulfilling your obligations to respond to data subject requests and to comply with Articles 32 - 36 GDPR (security, breach notification, DPIAs, and prior consultation) by providing information and cooperation as reasonably requested.

Deletion or return of data: At the end of the provision of the processing services, delete or return End Customer Data to You in accordance with Section 12.5, unless applicable law requires further retention.

Sub-processors and onward transfers: Engage sub-processors only under written contracts that impose on the sub-processor the same data protection obligations as are set out in this Section 6 and Section 7.3. We will remain liable to You for the performance of our sub-processors. We will notify You of any intended changes to the list of sub-processors in accordance with Section 6.2 so that You have the opportunity to object.

Records, audits, and demonstrations of compliance:Maintain records of processing activities as required by Article 30 GDPR and make such records, and other information reasonably necessary to demonstrate compliance with this Section 6, available to You and to competent supervisory authorities on request. We will enable audits or inspections by You or a mutually agreed independent auditor no more than once every 12 months (unless required more frequently by a supervisory authority), subject to 30 days' prior written notice and reasonable confidentiality and security restrictions.

Audit Rights for Supervisory Authorities: Notwithstanding the 12 month limitation, We will enable audits or inspections more frequently if required by a competent supervisory authority or in response to a suspected data breach. Such audits will be conducted with reasonable notice (unless urgent circumstances apply) and subject to appropriate confidentiality protections.

Standalone DPA Option: Upon request from enterprise customers, We can provide a standalone Data Processing Agreement document incorporating all provisions of this Section 6 for separate execution. Request via privacy@getpoolguy.com.

International transfers: Where We transfer End Customer Data to a country outside the EEA We will implement appropriate transfer mechanisms and safeguards as described in Section 6.6 and in our Privacy and Cookies Policy.

Article 30 records maintained: processing categories, transfers, security measures. Available to supervisory authorities.

Assistance provided for high-risk processing assessments when required.

We process personal data only when We have a lawful basis under GDPR Article 6(1):

For User Data (We as Controller):

• Contract Performance: Account creation, service delivery, billing, support;
• Legitimate Interests: Service improvements, fraud prevention, B2B marketing (with opt-out), security monitoring;
• Legal Obligation: Tax compliance, regulatory requirements, court orders;
• Consent: Optional features, marketing preferences (withdrawable anytime).

For End Customer Data (You as Controller, We as Processor):

• Processing solely per your instructions under Article 6(1)(b) - necessary for our contract with You;
• You must establish your own lawful basis for collecting End Customer Data.

Not Applicable: At present We do not process data based on (d) vital interests or (e) public tasks.

You warrant that You have established an appropriate lawful basis for all End Customer Data processing. Our Privacy Policy Section 3.1 details specific purposes and bases.

In the event of any conflict between provisions:

• Mandatory data protection laws (GDPR, Australian Privacy Act, NZ Privacy Act 2020) take precedence over these commercial terms;
• Our Privacy and Cookies Policy takes precedence over these ToS for privacy specific matters;
• Specific data protection provisions in Sections 6 - 7 and 11 take precedence over general commercial provisions;
• This hierarchy ensures compliance with all applicable data protection regulations.

To the extent that personal information of United States residents is processed in connection with the Service, We comply with applicable US federal and state privacy laws.

Your Rights as a US Resident: If You are a resident of a US state with applicable privacy legislation, You may have the following rights, subject to verification of Your identity:

• Right to Know: The right to request disclosure of the categories and specific pieces of personal information We have collected about You, the sources of collection, the business or commercial purposes for collection, and the categories of third parties with whom We share personal information;
• Right to Delete: The right to request deletion of personal information We have collected from You, subject to certain exceptions permitted by law;
• Right to Correct: The right to request correction of inaccurate personal information We maintain about You;
• Right to Portability: The right to obtain a copy of Your personal data in a portable and, to the extent technically feasible, readily usable format;
• Right to Opt-Out of Sale/Sharing: The right to opt out of the "sale" of personal information or "sharing" of personal information for cross-context behavioral or targeted advertising. We do not sell personal information or share it for cross-context behavioral advertising as those terms are defined under applicable US state laws;
• Right to Limit Use of Sensitive Personal Information: Under the CCPA/CPRA and certain other state laws, You may have the right to limit the use and disclosure of "sensitive personal information" to purposes necessary to provide the Services. As described in Our Privacy Policy, We process only limited sensitive personal information (such as account login credentials and, where enabled, precise geolocation) solely for purposes permitted by law;
• Right to Non-Discrimination: We will not discriminate against You for exercising any of Your privacy rights, including by denying goods or services, charging different prices or rates, providing a different level or quality of service, or suggesting You will receive different prices, rates, or quality;
• Right to Opt-Out of Profiling: The right to opt out of profiling in furtherance of decisions that produce legal or similarly significant effects. As stated in Section 14.3 of this ToS, We do not engage in such automated decision-making;
• Right to Appeal: If We decline Your privacy request, You may appeal Our decision by contacting Us at privacy@getpoolguy.com with "(Your State) Privacy Appeal" in the subject line. We will respond to appeals within 45 days.

Exercising Your Rights: To exercise any of the above rights, submit a verifiable request to:

• Email: privacy@getpoolguy.com (subject line: "US Privacy Request")
• Mail: Pool Guy Technologies Limited, 10 Madeira Close, Whitby, Porirua 5024, New Zealand

Please include Your state of residence, the specific right(s) You wish to exercise, and sufficient information to verify Your identity and locate Your records.

Authorised Agents: Residents of applicable US states may designate an authorised agent to submit requests on their behalf. Authorised agents must provide:

• Signed written authorisation from the consumer; or
• A valid power of attorney under applicable state law.

We may require verification of both the agent's authority and the consumer's identity before processing the request.

Response Timeline: We will respond to verifiable requests within 45 days. We may extend this period by an additional 45 days where reasonably necessary, with notice to You.

Global Privacy Control (GPC): We honour Global Privacy Control signals as valid opt-out requests under applicable US state laws. When We detect a GPC signal, We will treat it as a request to opt out of any sale or sharing of personal information.

Do Not Track: Our Website does not currently respond to "Do Not Track" browser signals. However, We honour GPC signals as described above.

Categories of Personal Information: For a complete description of the categories of personal information We collect, the sources of such information, the purposes for collection, and the categories of third parties with whom We share personal information, please refer to Section 6.6 of Our Privacy and Cookies Policy.

No Sale or Sharing: We do not sell personal information and We do not share personal information for cross-context behavioral or targeted advertising purposes. If We ever decide to engage in such activities in the future, We will update this ToS and Our Privacy Policy, provide a clear "Do Not Sell or Share My Personal Information" mechanism, and honour any opt-out choices You make before such changes take effect.

We own all Platform IP. Your subscription grants usage rights only. Reproduction/distribution prohibited without written consent. Protected under Copyright Act 1994 (NZ), Trade Marks Act 2002 (NZ), and international laws. Feedback grants us unlimited usage rights without payment.

Your License Grant: You retain ownership but grant us worldwide, non-exclusive, royalty-free license to: store/backup, display to You/team, process for service delivery, include in anonymised analytics. License continues for a reasonable period post-termination for retrieval/compliance.

Your Warranties: You own/have rights to content; no infringement; legal and accurate.

Third-Party Content: You warrant rights/consent for any third-party content uploaded. We are not liable for Your use of intellectual property owned by third parties.

Copyright Notices: Report infringements to privacy@getpoolguy.com with required DMCA information. We'll review, remove if appropriate, and terminate repeat infringers.

Both parties maintain confidentiality of: End Customer Data, business operations, technical/business information, special pricing. Excludes publicly available, previously known, legally required, or professionally advised information. Sub-processors bound by matching obligations. Survives 3 years post-termination.

You own all content/records created. We claim no ownership and will not compete or sell customer lists. You are liable for legal compliance.

License: Same as 7.2 - processing solely for Service provision.

Standards: Accurate, lawful, privacy-respecting, appropriate. Photos limited to pool documentation; no people without consent. Storage per tier limits.

Data Management: Automatic backups maintained; export regularly. Export available in common formats (varies by tier).

Service Warranty: TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE USE OF THE POOL GUY APP AND THE PROVISION OF THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES INCLUDING AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, UNINTERRUPTED OR ERROR-FREE SERVICE, NON-INFRINGEMENT AND ACCURACY, SECURITY, AVAILABILITY OR RELIABILITY OR THAT THE SERVICE WILL BE SECURE OR FREE FROM BUGS OR VIRUSES.

You use our Platforms at your own risk based on your evaluation for your needs.

No Guarantees: No guarantee of business results (revenue, costs, satisfaction, compliance) is given. Success depends on usage and external factors.

Third-Party Services: No control/warranty over iOS/Android platforms, App Stores, or integrated services regarding availability, security, privacy practices, legal compliance, compatibility. Platform issues may affect functionality and solutions are not guaranteed.

Your Warranties: You have authority to accept and enter into this ToS, your data complies with all relevant laws, you have secured proper End Customer consents, You are properly licensed to operate, your data does not breach any third party rights and that You will comply with this ToS.

Legal Protections: Nothing in this ToS excludes non-excludable statutory rights. Where permitted, liability for non-excludable warranties is limited to re-supply of Service or cost thereof.

You defend, indemnify, and hold harmless Owner and its officers, directors, employees, agents from claims, damages, losses, expenses (including legal fees) arising from: your use of Pool Guy; ToS violations; law/regulation violations; third-party rights infringement; your content; team member actions; End Customer disputes; your business operations—except for our negligence or willful misconduct.

We indemnify You for: Platform IP infringement claims; our gross negligence/willful misconduct; confidentiality breaches. Limited to direct damages and amounts paid in prior 12 months.

9.3. Exceptions

No indemnification for: unauthorised settlements; your modifications; third-party combinations; outdated version use; out-of-scope use.

Service provided subject to these limitations, which form the essential basis of our agreement.

TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE OR RESPONSIBLE FOR:

• LOST PROFITS, REVENUE, OR BUSINESS OPPORTUNITIES;
• INDIRECT OR CONSEQUENTIAL LOSSES SUCH AS LOST CUSTOMERS OR REPUTATION DAMAGE;
• DATA LOSS OR CORRUPTION EXCEPT WHERE WE FAIL TO IMPLEMENT PROPER SECURITY TO A REASONABLE LEVEL;
• ACTIONS OF YOUR AUTHORISED USERS;
• YOUR FAILURE TO COMPLY WITH DATA PROTECTION LAWS;
• POOL GUY TO BEING UNSUITABLE FOR YOUR PURPOSES;
• THIRD-PARTY SERVICE FAILURES THAT ARE BEYOND OUR CONTROL LIKE FIREBASE OUTAGES.

OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE. IF YOU ARE ON A FREE TRIAL, OUR LIABILITY IS LIMITED TO NZ$100.

This cap applies regardless of the legal theory which forms the basis of Your claim (contract, tort, strict liability, or otherwise).

WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• LOST PROFITS OR REVENUE;
• LOST BUSINESS OPPORTUNITIES;
• LOSS OF DATA;
• BUSINESS INTERRUPTION;
• DAMAGE TO REPUTATION;
• COST OF SUBSTITUTE SERVICES.

This applies even if we knew such damages were possible or foreseeable.

These limitations apply even if a remedy fails its essential purpose or we breach a fundamental term. They represent the parties' agreement about risk allocation.

Some jurisdictions prohibit limiting: death/personal injury; fraud; gross negligence/willful misconduct; non-waivable statutory rights. Liability shall be limited to the maximum extent permitted.

Consumer Guarantees Act 1993 and similar consumer protection legislation expressly excluded for business purposes to maximum extent permitted.

We warrant representations that are accurate and not misleading. Sections 9, 12A, 13, 14(1) of Fair Trading Act 1986 excluded. You haven't relied on representations outside this ToS.

ACL (Schedule 2, Competition and Consumer Act 2010) is excluded for business purposes where permitted. Where not excludable, liability limited to re-supply or cost thereof.

Industry-standard protections implemented (though no system is 100% secure), including:

Technical: TLS/SSL encryption, at-rest encryption, Firebase App Check, security patching, access monitoring.

Organisational: Limited access, confidentiality agreements, security training, background checks, vendor assessments.

Our Obligations: If there is a breach of our obligations, we will immediately investigate, notify appropriate parties within prescribed statutory timeframes, provide details and protective measures.

Your Obligations: Notify us immediately upon discovery of any breach, cooperate with investigations, notify End Customers as required by law, maintain confidentiality and implement recommendations.

You must use strong passwords, enable MFA, limit/revoke access appropriately, secure devices, report suspicious activity immediately and train your team on security.

EU/GDPR: Within 72 hours to the relevant supervisory authority where feasible, and without undue delay to You.

Australia: As soon as practicable after becoming aware of eligible data breach, enabling your compliance with the Notifiable Data Breaches scheme.

New Zealand: As soon as practicable for notifiable breaches under Privacy Act 2020.

Initial notification will include available information with updates as investigation progresses. We comply with Privacy Commissioner notification requirements under Privacy Policy Section 7.2.

All 50 US states, the District of Columbia, Guam, Puerto Rico, and the US Virgin Islands have enacted data breach notification laws. In the event of a data breach affecting US residents, We will:

• Assess the breach to determine if notification is required under applicable state laws, considering factors such as the type of information involved, the risk of harm, and whether the information was encrypted or otherwise rendered unusable;
• Notify affected individuals within the timeframes required by applicable law, which vary by state and may range from "most expedient time possible" to specific deadlines such as 30, 45, 60, or 72 hours depending on the state and type of data involved;
• Notify the State Attorney General, consumer protection agency, or other designated state authority where required (for example, California requires notification to the Attorney General if a breach affects more than 500 California residents; many other states have similar threshold requirements);
• Provide notice content as required by each applicable state law, which typically includes: a description of the incident, the types of personal information involved, the steps We have taken in response, the steps individuals can take to protect themselves, and Our contact information.

State-Specific Requirements: Some states impose unique requirements:

• California: Notice must include specific categories of breached information and be provided in the "most expedient time possible and without unreasonable delay."
• New York: Notice to the Attorney General within 24 hours if more than 500 New York residents are affected.
• Texas: Notice within 60 days; Attorney General notification if 250 or more Texas residents are affected.
• Colorado: Notice within 30 days; Attorney General notification if 500 or more Colorado residents are affected.
• Florida: Notice within 30 days; Attorney General notification if 500 or more Florida residents are affected.
• Oregon: Notice within 45 days; Attorney General notification if 250 or more Oregon residents are affected.

Coordination with Your Obligations: As the Data Controller for End Customer Data, You are primarily responsible for notifying Your End Customers and applicable regulators of any breach affecting their personal information. We will provide You with timely information and reasonable assistance to enable You to fulfil Your notification obligations under applicable US state laws.

Your Subscription begins upon payment and continues for your selected period (monthly/annual). Auto-renewal runs until You cancel it.

You can cancel your Subscription at any time. Your data will be available for export for 90 days at which time it will be deleted. You can request for earlier deletion by downloading this form or send us an email at privacy@getpoolguy.com. Confirmation will be sent within 30 days. Note that deletion is permanent.

We may suspend/terminate your Account for ToS violations, non-payment, illegal activities, platform harm, insolvency/liquidation, legal requirements, service discontinuation. Notice and cure opportunities are provided except emergencies.

Access to Platforms ends immediately as well as billing. Team/API access also terminates immediately. Data will be available for export for 90 days and then deleted. Any data required to meet our legal compliance will be retained as required. Anonymised data may persist to aid our system analytics. Intellectual Property, Indemnification, Limitation of Liability, Dispute Resolution and naturally surviving provisions will survive termination.

• 90 days: Export available;
• After 90 days: Deleted from active systems;
• Backups: May persist up to 6 months (inactive);
• Legal holds: As required by law;
• Anonymised data: May be retained indefinitely.

Platform Specific Terms: If You download Pool Guy from the Apple App Store or Google Play, You expressly agree to be bound by the following provisions in addition to this ToS and by their respective Terms of Service.

This ToS is concluded between You and the Owner only, and not with Apple. Apple is not a party to this ToS, except as a third-party beneficiary as expressly stated below. We, not Apple, are solely responsible for the App and its content.

Third-Party Beneficiary

Apple and its subsidiaries are third‑party beneficiaries of this ToS. Your acceptance of this ToS gives them the right (and is deemed your acceptance of the right) to enforce this ToS against You as a third‑party beneficiary. You acknowledge and agree that Apple is not responsible for addressing any claims You may have or any claims of any third party relating to the App or Your possession and use of the App, except as expressly provided by applicable law or the App Store terms.

Maintenance and Support

We are solely responsible for providing any maintenance and support services with respect to the App as specified in this ToS or as required under applicable law. You and We acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.

License Scope

The license granted to You under this ToS is limited to a non‑transferable right to use Pool Guy on Apple‑branded devices that You own or control, and only as permitted by the App Store Terms of Service and Apple's applicable usage rules. You must also comply with any applicable third‑party terms of agreement when using the App.

Intellectual Property Rights

In the event of any third‑party claim that the App or Your possession and use of the App infringes that third party's intellectual property rights, We, not Apple, will be solely responsible for the investigation, defence, settlement, and discharge of any such intellectual property infringement claim, to the extent required by law and subject to the limitations set out in this ToS.

Product Claims

We, and not Apple, are responsible for addressing any claims of You or any third party relating to the Pool Guy App or Your possession and/or use of that App, including, but not limited to:

• product liability claims;
• any claim that the App fails to conform to any applicable legal or regulatory requirement; and
• claims arising under consumer protection, privacy, or similar legislation.

Our liability in such cases is limited as described in Section 10 of this ToS. Nothing in this clause creates any liability for Apple to You.

Service Withdrawal

Apple may suspend or remove the App from the App Store at any time in accordance with its policies. Such suspension or removal does not affect any rights or obligations between You and Us under this ToS, except to the extent that continued distribution of the App through the App Store is required for performance.

Legal Compliance

You represent and warrant that:

• You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
• You are not listed on any U.S. Government list of prohibited or restricted parties.

Warranty

To the maximum extent permitted by applicable law, Apple has no warranty obligation whatsoever with respect to the App. Any claims, losses, liabilities, damages, costs or expenses attributable to any failure of the App to conform to any applicable warranty will be our sole responsibility, subject to Section 10 of this ToS.

If there is any failure of the App to conform to any applicable warranty, You may notify Apple, and Apple will refund the purchase price (if any) for the App to You. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any such failure will be our sole responsibility.

This ToS is concluded between You and the Owner only, and not with Google LLC or its affiliates ("Google"). Google is not a party to this ToS and is not responsible for the App or its content. Nothing in this ToS creates any liability for Google to You.

Google Play Terms of Service

Your acquisition and use of Pool Guy via Google Play are also governed by the Google Play Terms of Service between You and Google (https://play.google.com/about/play-terms/). These terms govern, among other things, Your relationship with Google with respect to Your Google account, app distribution, billing through Google Play and refunds processed by Google.

Limitation of Liability

Google is not responsible for Pool Guy and has no liability to You for the App beyond any amount that Google is required to refund to You under the Google Play refund policies and applicable law. The App is provided "AS IS" and "AS AVAILABLE" without warranties to You from Google. All warranties and liability relating to the App and the Service are as set out in this ToS and are owed, if at all, by Us and not by Google.

Payment Processing

Subscriptions purchased via Google Play are processed through Google Play's payment system. Google handles payment processing, certain aspects of subscription management, and related customer service for those transactions. Billing disputes for Google Play purchases may need to be raised and resolved through Google's systems, in accordance with Google's policies and the Google Play Terms of Service.

Export Restrictions

You may not use, export, re-export, import, or transfer the App except as authorised by the laws of the jurisdiction in which the App was obtained, and any other applicable laws. In particular, You agree that You will not use or export the App in violation of U.S. export control and sanctions laws and regulations.

Age Requirements

You must be at least 18 years old (or the age of majority in Your jurisdiction, if higher) to use Pool Guy. The App is not directed to children under 13 (or the minimum age in Your jurisdiction for use of Google Play, if higher).

Third-Party Terms

Google is not responsible for Pool Guy or its content. You must also comply with any applicable third-party terms of agreement when using the App, such as the terms of Your wireless data service provider or device manufacturer.

Conflict of Terms

Your relationship with Google in connection with Google Play (including app distribution, billing through Google Play, and refunds or chargebacks processed by Google) is governed by the Google Play Terms of Service and any other applicable Google terms. If there is any inconsistency between this ToS and the Google Play Terms of Service regarding:

• Your relationship with Google; or
• matters relating to app distribution, Google Play billing, or refunds processed through Google,

then the Google Play Terms of Service will prevail for those Google-related matters. This ToS governs Your relationship with Us and Your use of the Pool Guy Service itself.

Age Requirements

You must be at least 18 years old to use Pool Guy. This App is not directed to children.

Auto-Renewal

Subscriptions automatically renew unless cancelled at least 24 hours before the period ends. Renewal charges occur within 24 hours before the period ends.

Subscription Management

• Manage subscriptions in your App Store or Google Play account settings
• Cancel anytime through your account (effective at period end)
• No refunds for partial periods

Refunds

• Apple: Request through "Report a Problem" in App Store
• Google: Request through Play Store within refund window
• We cannot process refunds for App Store purchases

Privacy

Your use of Pool Guy is also governed by our Privacy Policy (https://getpoolguy.com/privacy) and the respective platform's privacy policy.

In-App Permissions

The App requires: Camera (documentation), Storage (photos), Network (syncing), Location - optional (routing). Grant permissions when prompted or manage in device settings.

Updates

Periodic updates through App Stores may be required for continued use.

Pool Guy is strictly a B2B application and may only be used solely for business purposes. We do not knowingly collect personal information from anyone under 18 years of age.

United States (COPPA): Pool Guy complies with the Children's Online Privacy Protection Act ("COPPA"). We do not knowingly collect personal information from children under 13 years of age. The Service is not directed to children and is not intended for use by anyone under the age of 18. If We discover that We have inadvertently collected personal information from a child under 13, We will promptly delete such information from Our systems.

If You believe that a child under 13 has provided Us with personal information, please contact Us immediately at privacy@getpoolguy.com.

You warrant that all team members granted access to Your Account are at least 18 years of age or the age of majority in their jurisdiction, whichever is higher.

Our Website uses cookies as disclosed in Section 8 of our Privacy and Cookies Policy. For EU visitors, non-essential cookies require consent via our cookie banner. Essential cookies operate under legitimate interests/contract performance. See Privacy Policy for details.

We do not engage in automated decision-making with legal or similarly significant effects (GDPR Article 22). All accounts affecting decisions involve human review. Any future implementation will include a 30-day notice, logic explanation, intervention rights and contest procedures.

We implement privacy by design principles including data minimisation, purpose limitation, privacy protective defaults, security first architecture and regular privacy impact assessments.

We collect only data necessary for stated purposes. You commit to the same principle for End Customer Data, collecting only what is needed for pool service provision.

CAN-SPAM Act Compliance: All commercial email communications from Us comply with the Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 ("CAN-SPAM Act"), including:

• Clear identification as advertisements where required by law;
• Accurate "From," "To," and routing information;
• Subject lines that accurately reflect message content;
• Inclusion of Our valid physical postal address in all commercial emails;
• A clear and conspicuous opt-out mechanism in all commercial messages;
• Processing of opt-out requests within 10 business days;
• No use of deceptive subject lines or false header information;
• No sale or transfer of email addresses to third parties for their marketing purposes.

State Email Marketing Laws: In addition to CAN-SPAM, We comply with state-specific email marketing requirements, including California Business and Professions Code Section 17529.5 and similar state laws prohibiting falsified or misrepresented header information.

Telephone Consumer Protection Act (TCPA): We do not make telemarketing calls or send marketing SMS messages without prior express consent as required by the TCPA. Any service-related communications via telephone or SMS are transactional in nature and related to the Service You have requested.

This ToS, Privacy Policy, and referenced agreements constitute the entire agreement between You and Us, superseding all prior understandings.

If any provision of this ToS is found invalid or unenforceable:

• that provision will be limited or eliminated to the minimum extent necessary to give effect to the rest of the provisions;
• all other provisions remain in full force and effect;
• We reserve the right at our discretion to replace the invalid provision with a valid one that achieves the same objective.

No waiver is effective unless in writing. Our failure to enforce any provision is not a waiver of that provision. A waiver in one instance does not apply to other instances.

Neither party is liable for delays or failures due to causes beyond reasonable control, including natural disasters, war or terrorism, labor disputes, government actions, internet or telecommunications failures and pandemic or epidemic. Hardship, economic or otherwise, shall not by itself constitute a Force Majeure event. The affected party must notify the other providing full detail of the Force Majeure event and must use reasonable efforts to minimise impact.

You Cannot assign/transfer your rights under this ToS without our written consent. Any attempt to do so shall be void. We May assign to our parent/subsidiary, acquirer, or successor and we will notify You.

To You: By registered mail, email, in-app notices or postings on the Website. Electronic service satisfies all statutory requirements. Ensure that You keep your email current at all times.

To Us: privacy@getpoolguy.com or Pool Guy Technologies Limited, 10 Madeira Close, Whitby, Porirua 5024, New Zealand. Include account information. Email is deemed received next business day unless bounced.

This ToS does not create any agency, partnership, joint venture, employment, or franchisee relationship between You and the Owner. Neither party has any authority to bind the other or to incur any obligation on the other Party's behalf.

This ToS is concluded between You and the Owner only, and not with Apple or Google. Apple and Google each for themselves are not responsible in any way for the App or its content.

Electronic signatures/records satisfy legal requirements under Electronic Transactions Act 2002 (NZ) and equivalents. You consent to electronic communications satisfying written requirements.

WCAG 2.1 Level AA targeted where feasible. Report issues to privacy@getpoolguy.com for alternative access.

We support data subject requests (access, rectification, erasure, portability, objection) with tools and assistance.

We are based in New Zealand and do not have a physical establishment in the European Union. If You are located in the EU and wish to contact us regarding your personal data, You may email us directly: privacy@getpoolguy.com

Data Processing:

Article 28 compliance per Section 6.7; SCCs incorporated by reference; annual audit rights (30-day notice, non-confidential documentation only); processing records maintained; sub-processor list in account settings.

APPs 1-13 compliance including: APP 1 Privacy Policy; APP 8 cross-border transfers; Notifiable Data Breaches support (48-hour documentation for your 72-hour OAIC compliance). Details in Privacy Policy.

Full IPP compliance: collection (IPPs 3-4); accuracy (IPP 8); use/disclosure limits (IPPs 10-11); cross-border (IPP 12); unique identifiers (IPP 13). Notifiable breach assessment/notification per requirements. Access/correction/complaint rights detailed in Privacy Policy.

You warrant: not subject to UN/NZ/AU/EU/US sanctions; will not violate export/sanctions laws; will notify if sanctioned.

Australian businesses (AUD$100M+ revenue): reasonable cooperation provided for Modern Slavery Act 2018 due diligence upon written request.

We comply with applicable US federal and state privacy laws to the extent they apply to Our processing of personal information in connection with the Service.

State Comprehensive Privacy Laws: We comply with state comprehensive privacy laws.

As new state privacy laws take effect, We will update Our practices and this ToS accordingly.

User Rights: US residents may exercise their rights as described in this ToS and Section 6.6 of Our Privacy and Cookies Policy.

Regulatory Enforcement: Penalties for violations of US state privacy laws vary by state. Examples include:

• California: Up to $2,500 per unintentional violation; up to $7,500 per intentional violation or violations involving minors. Private right of action for data breaches with statutory damages of $100-$750 per consumer per incident.
• Virginia, Colorado, Connecticut, Texas, and other states: Up to $7,500 per violation, typically enforced by the State Attorney General, with cure periods where applicable.

California "Shine the Light": California Civil Code Section 1798.83 permits California residents to request information regarding disclosure of personal information to third parties for direct marketing purposes. We do not disclose personal information to third parties for their direct marketing purposes.

Financial Incentive Disclosure (California): We do not offer any financial incentives, price or service differences, or other benefits in exchange for the retention, sale, sharing, or deletion of Your personal information. If We implement any such programs in the future, We will update this ToS and Our Privacy Policy with the material terms, describe how You can opt in, explain how You may withdraw, and explain how the incentive is reasonably related to the value of Your data.

Data Broker Registration: Based on the B2B nature of the Service and Our statement that data is not sold, We do not believe We meet the definition of a "data broker" under California, Vermont, Texas, or Oregon law. We will continue to monitor developments in this area to ensure ongoing compliance.

New Zealand law applies to these commercial terms, subject to the following:

• For data protection matters, mandatory local data protection laws apply and take precedence, including: GDPR for EU/EEA personal data; Australian Privacy Act for Australian personal information; New Zealand Privacy Act 2020 for New Zealand personal information; Applicable US federal and state privacy laws for personal information of US residents based on the residence of the individual whose personal information is processed.
• Where mandatory data protection laws conflict with these commercial terms, the data protection laws prevail.
• Nothing in this clause limits your rights under applicable mandatory data protection legislation.
• For US residents, US state privacy laws apply to the extent they provide greater protection than this ToS.

Before litigation: 30-day good faith negotiation, then mediation via Resolution Institute (costs shared equally). Excludes injunctive relief/IP infringement claims.

Wellington, New Zealand courts have exclusive jurisdiction. You waive venue objections. Electronic service permitted; email to privacy@getpoolguy.com constitutes valid service.

Pool Guy Technologies Limited Company Number: 9429053049094
10 Madeira Close,
Whitby,
Porirua 5024,
New Zealand

Support/Legal/Privacy/Data Protection: privacy@getpoolguy.com Hours: Monday-Friday, 9:00 AM-5:00 PM NZST/NZDT

EU Representative:

We are based in New Zealand and do not have a physical establishment in the European Union. If You are located in the EU and wish to contact us regarding your personal data, You may contact us directly:
Email: privacy@getpoolguy.com
Mail: Pool Guy Technologies Limited, 10 Madeira Close, Whitby, Porirua 5024, New Zealand

Thank you for choosing Pool Guy for your pool service business management.

To ensure ongoing compliance with privacy laws and regulations, We will review Our ToS on an annual basis, including US State laws.

Last Updated: 05/01/2026

Effective Date: 05/01/2026