Please note that your use of and access to our services (defined below) are subject to the following terms; if you do not agree to all of the following, you may not use or access the services in any manner.
Welcome to PoolHero. By using our website(s), products, services and applications (the “Services”), you are agreeing to the rules and restrictions outlined in these Terms of Use (the “Terms”). The Terms are a binding contract between you and Guru Ventures, Inc. (“PoolHero,” “we” and “us”). If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at support@poolhero.co.
It is important that you read and understand these Terms, as they set out the terms and conditions that govern your use of the Services. If you do not agree to all of these Terms, you do not have the right to use the Services. By using the Services, you are agreeing to be bound by these Terms, which will remain in effect while you use the Services.
In addition to the provisions in this document, these Terms also include the Privacy Policy and Copyright Dispute Policy found at https://poolhero.co/privacy. The Effective Date for these Terms is 2/15/2023.
We are always working to enhance our Services, which means these Terms may need to be revised. We have the right to modify the Terms at any time, but we will notify you of any changes by posting a notice on the Pool Hero website, sending an email, or using other means.
If you don’t agree with the updated Terms, you can choose to reject them. However, this means that you will no longer be able to use the Services. If you continue to use the Services after the updated Terms become effective, it means that you agree to the changes.
Apart from changes that we make as described here, no other modification of these Terms will be valid unless it is in writing and signed by both you and us.
PoolHero is committed to safeguarding the privacy of its users, particularly children. For details on our current privacy policy, please visit this link: https://poolhero.co/privacy.
We comply with the Children’s Online Privacy Protection Act (“COPPA”), which requires online service providers to obtain parental consent before knowingly collecting personally identifiable information online from children under the age of 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are under the age of 13, please do not attempt to register for our Services or provide any personal information to us.
If we become aware that we have collected personal information from a child under the age of 13 without parental consent, we will take immediate steps to delete that information. If you suspect that a child under the age of 13 may have provided us with personal information, please contact us at support@poolhero.co.
Our Services are for customers (each, a “Customer”) and pool service providers (each, a “Provider”). Providers and Customers are connected through the Services such that Providers may provide certain pool service provider services to Customers (the “Provider Services”). If you are a Provider, your use of the Services is also subject to a separate “Provider Agreement” that you will be required to accept prior to your use of the Services. Pool Hero is an intermediary between Customers and Providers and does not provide pool service provider services.
In order to take advantage of our Services, you will be required to sign up for an account and select a password. You promise to provide us with accurate, complete, and updated registration information about yourself. You may not transfer your account to anyone else without our prior written permission. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account.
If you are agreeing to these Terms on your own behalf, you represent and warrant that you are of legal age to form a binding contract. If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
If you are a Customer, you will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party (except to the extent you manage a property on behalf of third parties), and only in a manner that complies with all laws that apply to you. If you are a Provider, you will only use the Services for your own internal, commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise use the Services or interact with the Services in a manner that:
Infringes or violates the intellectual property rights or any other rights of anyone else (including Pool Hero); Violates any law or regulation, including any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; Jeopardizes the security of your Pool Hero account or anyone else’s (such as allowing someone else to log in to the Services as you); Attempts, in any manner, to obtain the password, account, or other security information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means); Copies or stores any significant portion
On Pool Hero’s app, the materials available through the Services, such as text, graphics, images, and User Submissions, are protected by copyright and other intellectual property laws. By accessing the content, you agree to comply with all copyright notices, trademark rules, and restrictions, and you will not use, copy, modify, or distribute any content without the owner’s prior consent or in a way that infringes on anyone’s rights, including those of Pool Hero.
Please note that Pool Hero owns the Services, and you are not allowed to modify, publish, transfer, reproduce, create derivative works, or exploit any part of the Services without explicit permission. Although the Services may allow you to copy or download some content, all the above restrictions still apply.
When you use our Services to post, upload, share, or store content, that content is considered your “User Submission”. Some User Submissions can be viewed by other users, and to make this possible, you grant us certain rights to use those User Submissions. However, it’s important to note that the licenses granted to us are subject to our Privacy Policy, particularly with regards to any User Submissions that contain your personal information.
For all User Submissions, you give us permission to translate, modify, reproduce, and perform those submissions so that we can provide and improve our Services. This license does not affect your ownership of the content.
If you store a User Submission in your personal Pool Hero account, which is not viewable by any other user except you, you grant Pool Hero the right to display, perform, and distribute that submission solely to provide you access to it.
If you share a User Submission only with certain specified users, you give Pool Hero the right to display, perform, and distribute that submission solely to provide access to those specified users, who are also given the right to access and use that content.
If you share a User Submission publicly on our Services or in a way that more than just you or certain specified users can view, you give Pool Hero the right to display, perform, and distribute that submission to all Pool Hero users, and also grant all users the right to access and use that content.
The licenses you grant are worldwide, irrevocable, and perpetual, and you understand that we may not be able to fully delete your User Submissions from our records if you delete your Pool Hero account. If you provide us with any feedback, you give us the right to use that feedback in any manner we choose, and any revisions to the Services resulting from that feedback become Pool Hero’s property.
Finally, we may need to modify your User Submissions to conform to technical requirements, and the licenses granted to us include the rights to do so.
As a user of the Pool Hero service, you acknowledge that any information or content, whether posted publicly or transmitted privately, is the responsibility of the person who originated such content. You assume all risks associated with accessing such information or content and we are not liable for any errors, omissions, damages, or losses that you may incur in connection with it. We have no obligation to take action regarding how you may interpret or use the content, nor are we responsible for any actions you take as a result of being exposed to such content. By using our service, you release us from any liability for acquiring or not acquiring content through the service.
You are responsible for all content you contribute to the service, and you represent and warrant that you have all necessary rights to contribute such content in the manner in which you do. It is your responsibility to keep your registration information accurate and up-to-date, and you are responsible for all activity on the service.
If you are a customer of Pool Hero, you represent and warrant that you have legal ownership or control over the properties for which you request services, that your property is free of hazards, that your property details are accurate, and that your property is in suitable condition for the requested services.
The service may contain links or connections to third-party websites or services that are not owned or controlled by Pool Hero. By accessing these third-party websites or services, you acknowledge and accept any risks associated with doing so, and we are not responsible for any such risks. We have no control over the content, accuracy, privacy policies, or practices of any third-party websites or services, and we are not responsible for any interactions you may have with third parties found through the service. You release us from any liability for any loss or damage incurred in any such dealings.
We do not endorse any specific service providers, opinions, or other information that may appear through the service. We are an intermediary between customers and service providers, providing a method for customers to receive services and collecting payment for those services. It is up to you to decide whether or not to request a service from a provider, and it is up to the provider to decide whether or not to accept your request. You should investigate any provider before entering into an engagement through the service. We are not liable for any decision or action taken by you in reliance on information provided through the service.
We have no control over the availability of any service provider at any given time, and we are not liable for cancelled appointments or any injuries resulting from the use of the service.
We are constantly working on enhancing the Services, so they may evolve over time. We may decide to pause or terminate any part of the Services, introduce new features, set limits on certain features, or restrict access to some or all of the Services. We will make reasonable efforts to notify you in advance if a significant change to the Services is expected to have an adverse impact on you, but this may not always be feasible. Additionally, we reserve the right to take down any Content from the Services at any moment, for any reason (including if someone accuses you of violating these Terms), at our sole discretion, and without prior notice.
As a Pool Hero Provider offering Pool Services, you are obligated to pay the fees outlined in the Provider Agreement that is mutually agreed upon by you and Pool Hero. While the Pool Services are currently free of charge for Customers, they are responsible for paying the fee for Provider Services. The fee amount will be communicated via the Services, and payment is required immediately upon completion of the requested Provider Service. Pool Hero prohibits cash payments or any other form of compensation to Providers. If a Customer cancels a Provider Service request after the Provider is en route to their property, they will be charged a cancellation fee of $5.00 by the Provider. In some cases, Pool Hero or its Providers may determine a property unsuitable for a requested Provider Service, and in these instances, the Customer will be charged a $10.00 cancellation fee by the Provider. If a property has obstacles, like a dirty or cloudy pool water, that prevent the Provider from completing the Service, the Customer agrees to pay a proportional Provider Charge based on the nature of the obstacles. All payments made through the Services are non-refundable. Pool Hero reserves the right to modify prices or charge for certain or all Services in the future. As a Provider or Customer, you are responsible for paying all taxes, duties, and other governmental assessments associated with your activity in connection with the Services
You may cancel your Pool Hero service at any time by using the app and following the cancellation procedure. If you require assistance with cancelling your service, you may contact us at support@poolhero.co. Please refer to our Privacy Policy to understand how we handle the information you provide to us after discontinuing the use of our services.
Pool Hero reserves the right to terminate or suspend your use of the Services or your account at our sole discretion, including if you breach these Terms. We have the exclusive right to determine whether you have violated any of the limitations outlined in these Terms.
If your account is terminated, any content associated with it may be permanently deleted. Please keep this in mind before deciding to terminate your account. If you delete your account by mistake, contact us immediately, and we will do our best to help. However, we cannot guarantee the recovery or restoration of any information.
Certain provisions that are integral to the nature of these Terms shall continue even after termination. These include any obligations you have to pay a Provider Charge or indemnify us, any limitations on our liability, any terms concerning ownership or intellectual property rights, and terms regarding disputes between us.
Both you and Pool Hero acknowledge that the Terms are an agreement between you and Pool Hero only and not with Apple. Apple is not responsible for the Application or the Content. The Application is licensed to you on a limited, non-exclusive, non-transferable, and non-sublicensable basis. The license is solely for use in connection with the Services for your personal, private, and non-commercial use, subject to all the terms and conditions of these Terms as they apply to the Services. You will only use the Application on an Apple device that you own or control.
You agree and acknowledge that Apple has no obligation to provide maintenance and support services with respect to the Application. In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple. Upon notification, Apple’s sole warranty obligation to you is to refund the purchase price of the Application, if any.
You acknowledge and agree that Pool Hero, and not Apple, is responsible for addressing any claims related to the Application that you or any third party may have. In the event of any third party claim that the Application or your possession and use of the Application infringes a third party’s intellectual property rights, Pool Hero, and not Apple, will be responsible for the investigation, defense, settlement, and discharge of any such infringement claim.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a “terrorist supporting” country. You also represent and warrant that you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Pool Hero acknowledge and agree that, in your use of the Application, you will comply with any applicable third-party terms of agreement that may affect or be affected by such use. Both you and Pool Hero also acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary. If you use the Application to receive real-time route guidance, your use is at your sole risk, and location data may not be accurate.
Pool Hero only acts as an intermediary and does not endorse or recommend any specific provider, opinions, or information that appears through its services. Customers are solely responsible for their decisions to request services from providers, and providers are solely responsible for accepting or declining requests. Customers and providers should make necessary investigations before engaging through the services, and Pool Hero will not be liable for any action taken by customers or providers. Pool Hero and its licensors or suppliers do not make any warranties or representations regarding any content accessed or the quality, legitimacy, insurance status, or certification of providers. The services and content are provided “as-is,” without warranties of any kind. Pool Hero will not be liable for any indirect, special, incidental, or consequential damages of any kind, and the aggregate liability will not exceed $100. If there are any disputes between participants, Pool Hero is not obligated to be involved. You agree to indemnify and hold Pool Hero, its affiliates, officers, agents, employees, and partners harmless from any claims arising from your use of the services or violation of these terms. You cannot assign, delegate, or transfer these terms or your services account without Pool Hero’s prior written consent. These terms are governed by the laws of the State of Michigan, and any disputes will be settled in Oakland County, Michigan, through arbitration.
