Terms of Service

These Terms of Service (“Terms”) are a binding agreement between you (“Customer,” “you”) and Get Pool Growth (“Get Pool Growth,” “we,” “us”) governing your use of our website, dashboard, embeddable quote widget, AI features, email and SMS automation, and related services (the “Services”). By creating an account or using the Services, you accept these Terms.

You must provide accurate registration information, keep your credentials secure, and be responsible for all activity that occurs under your account. You must be authorized to act on behalf of any business you register.

• The Services are offered on a paid subscription basis. Plans, prices, and features are listed on our pricing page and may change with notice.
• New workspaces may include a free trial. Subscribing during a trial does not forfeit the remaining trial: any remaining trial days are honored before the first charge.
• Subscriptions renew automatically each billing period until canceled. Fees are charged in advance and are non refundable except where required by law.
• Payments are processed by Stripe under their terms. Applicable taxes may be added at checkout.
• If a payment fails, we may attempt to retry it and may suspend access if the failure is not resolved.

You may upgrade, downgrade, or cancel your subscription at any time from the billing settings in the dashboard or through the Stripe customer billing portal. Upgrades are prorated immediately. Cancellations take effect at the end of the current paid billing period; you keep access until then and are not charged again. Account deletion will also schedule any active subscription to cancel at the end of the current period.

• The done-for-you website is a standard lead-generating website service that we build and host for your pool service business. It is not unlimited custom development or ongoing design work.
• Hosting, updates, and continued access to your done for you website are included only while you maintain an active paid Starter subscription in good standing.
• If your paid Starter subscription ends, is canceled, downgraded, or suspended for any reason, hosting and access to the done-for-you website may be paused, removed, or transferred at Get Pool Growth’s discretion.
• Unless otherwise agreed in writing, any domain purchased or managed by Get Pool Growth on your behalf remains owned and controlled by Get Pool Growth. If you transfer a domain you already own, you retain ownership of that domain subject to your registrar’s terms.
• On request, we will provide a reasonable export of your website content, but we are not required to keep hosting or maintaining the site after the subscription ends.

Get Pool Growth provides software and tools that help you run your pool service business. You are solely responsible for your own business operations, including your pricing, service offerings, quotes, scheduling, customer communications, contracts, licensing, insurance, taxes, and any work performed for your customers. We are not a party to the agreements between you and your customers.

You retain ownership of the data you and your prospects submit to the Services (“Customer Data”), including leads, quotes, activities, templates, and configuration. You grant Get Pool Growth a worldwide, non exclusive license to host, process, and transmit Customer Data solely to provide and improve the Services.

You are responsible for having a lawful basis and any required consents to collect, store, and contact your leads, including under CAN-SPAM, TCPA, GDPR, and any other applicable law.

You agree not to:

• Send unsolicited spam, illegal, deceptive, harassing, or harmful messages through the platform.
• Upload leads or contacts who have not consented to be contacted as required by law.
• Use the Services to violate any law or third-party right.
• Reverse engineer, resell, or sublicense the Services, except as expressly permitted.
• Interfere with, overload, or attempt to gain unauthorized access to the Services.
• Use AI features to generate misleading, fraudulent, or impersonating content.

AI features (such as AI phone answering, AI chat, and quote suggestions) may be unavailable, limited, or coming later, and are not guaranteed as part of the Starter plan unless expressly included in your subscription. Where available, AI features generate responses automatically based on your configuration and incoming content. Output may be inaccurate or incomplete. You are responsible for reviewing AI output before relying on it for binding business decisions.

The Services integrate with third-party providers (such as Stripe, email and SMS providers, and AI providers). Your use of those services is governed by their terms, and we are not responsible for their availability or actions.

We will protect Customer Data using reasonable administrative, technical, and physical safeguards. You are responsible for maintaining the security of your account credentials and for the activity of your team members.

The Services, including our software, content, branding, and documentation, are owned by Get Pool Growth and our licensors and are protected by intellectual property laws. Nothing in these Terms transfers ownership of the Services to you.

The Services are provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error free operation, specific business results, or that AI output will be accurate.

To the maximum extent permitted by law, Get Pool Growth and its suppliers are not liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from or related to the Services. Our total liability for any claim is limited to the amounts you paid us for the Services in the twelve (12) months before the event giving rise to the claim.

You agree to defend and indemnify Get Pool Growth against claims arising out of your Customer Data, your use of the Services in violation of these Terms or applicable law, or your contact with your leads.

You may stop using the Services at any time by canceling your subscription and deleting your account. We may suspend or terminate your access if you breach these Terms, fail to pay, or use the Services in a way that creates risk for us or others. On termination, your right to use the Services ends; sections that by their nature should survive will survive.

We may update these Terms from time to time. Material changes will be communicated by email or in the dashboard. Continued use of the Services after changes take effect constitutes acceptance.

These Terms, and any Dispute not subject to arbitration under Section 19, are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Subject to Section 19 (Dispute Resolution and Arbitration), the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Palm Beach County, Florida for any Dispute not required to be arbitrated.

Please read this section carefully. It affects your legal rights, including your right to go to court.

19.1 Agreement to arbitrate.

Except as set out in this Section 19, you and Get Pool Growth agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or your relationship with Get Pool Growth (a “Dispute”) will be resolved by binding, individual arbitration rather than in court, other than an individual claim brought in small claims court as permitted below.

19.2 Notice and informal resolution.

Before starting an arbitration, the party asserting a Dispute must first send the other party a written notice describing the Dispute and the relief sought (“Notice”). Notice to Get Pool Growth must be sent to jeffrey@getpoolgrowth.com and to our mailing address listed in Section 20. Notice to you will be sent to the email or address on your account. The parties will attempt in good faith to resolve the Dispute directly for thirty (30) days after Notice is received. If the Dispute is not resolved within that time, either party may commence arbitration.

19.3 Arbitration provider and rules.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules then in effect, available at www.adr.org. A single neutral arbitrator will be appointed in accordance with those rules. The arbitrator, not any court, will decide all issues regarding the interpretation, applicability, enforceability, and scope of this arbitration agreement, except that the class action waiver in Section 19.6 may only be decided by a court as set out below.

19.4 Venue and format.

The arbitration will be held in Palm Beach County, Florida, or another location the parties agree to in writing. Where permitted by the AAA rules and the amount in dispute, either party may elect to have the arbitration conducted by videoconference or based on written submissions instead of an in-person hearing.

19.5 Fees and costs.

Each party will bear its own attorneys’ fees and costs. Payment of AAA filing, administrative, and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. If those rules would require you to pay more in filing fees than you would pay to file the same claim in court, Get Pool Growth will pay the difference, unless the arbitrator determines your claim is frivolous. The arbitrator may award fees, costs, and reasonable attorneys’ fees to the prevailing party where permitted by applicable law or the AAA rules.

19.6 Class action and jury trial waiver.

YOU AND GET POOL GROWTH EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT ANY ARBITRATION OR PERMITTED COURT PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS, AND NOT AS A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. The arbitrator has no authority to conduct a class or representative arbitration or to combine the claims of more than one customer. If a court determines that this class action waiver is unenforceable as to a particular Dispute, that Dispute may proceed only in court and may not be arbitrated, but every other Dispute remains subject to this Section 19.

19.7 Exceptions to arbitration.

Notwithstanding Section 19.1: (a) either party may bring an individual claim in small claims court in a jurisdiction with proper venue, so long as the matter remains in small claims court and is not removed or appealed to a court of general jurisdiction; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of a party’s intellectual property or confidentiality rights.

19.8 30-day right to opt out.

You may opt out of this arbitration agreement by sending written notice to jeffrey@getpoolgrowth.com within thirty (30) days of first accepting these Terms. The notice must include your name, business name, and a clear statement that you opt out of arbitration. If you opt out, neither you nor Get Pool Growth will be required to arbitrate Disputes with the other, but every other part of these Terms, including the venue provision in Section 18, remains in effect.

19.9 Governing law of this section; severability.

This Section 19 is governed by the Federal Arbitration Act. If any part of this Section 19, other than the class-action waiver in Section 19.6, is found unenforceable, the remainder of this Section 19 will remain in effect. If the class-action waiver in Section 19.6 is found unenforceable as to a particular Dispute, this entire Section 19 will not apply to that Dispute, and that Dispute will instead be resolved exclusively in the courts identified in Section 18.

Questions about these Terms? Contact us at jeffrey@getpoolgrowth.com or through our contact page.