Terms of Service
Pool Runs, LLC
1. INTRODUCTION AND ACCEPTANCE OF TERMS
Welcome to Pool Runs. These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your") and PoolRuns, LLC, a Delaware limited liability company ("Pool Runs," "Company," "we," "us," "our").
By accessing or using the Pool Runs platform, including our web-based software application and mobile applications (collectively, the "Service" or "Platform"), you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICE.
2. DEFINITIONS
- "Account" means the registered account you create to access and use the Service.
- "Customer Data" means all data, information, and materials uploaded, submitted, or stored by you through the Service, including but not limited to client information, service records, chemical readings, and route data.
- "Lead Generation Services" means the AI-powered lead generation and skip tracing features provided through the Platform.
- "Skip Tracing Data" means contact information, property data, and other information obtained through third-party data providers and made available through the Lead Generation Services.
- "Subscription" means the paid access plan you select to use the Service.
- "Third-Party Providers" means external vendors, data providers, and service providers whose services are integrated into or used by the Platform.
- "Property" means each unique service location, customer address, or pool location that you add to or manage through the Service.
3. ELIGIBILITY AND ACCOUNT REGISTRATION
3.1 Eligibility
To use the Service, you must: (a) be at least 18 years of age; (b) have the legal capacity to enter into a binding agreement; (c) be a pool service company, contractor, or authorized representative thereof; and (d) not be prohibited from using the Service under applicable law.
3.2 Account Registration
You must create an Account to access the Service. You agree to: (a) provide accurate, current, and complete information during registration; (b) maintain and promptly update your Account information; (c) maintain the security and confidentiality of your login credentials; (d) accept responsibility for all activities that occur under your Account; and (e) immediately notify us of any unauthorized use of your Account.
3.3 Business Use
The Service is intended for use by pool service businesses and professionals. You represent and warrant that you are using the Service for legitimate business purposes in connection with pool service operations.
4. DESCRIPTION OF SERVICE
4.1 Platform Overview
Pool Runs provides a software-as-a-service (SaaS) platform and mobile applications designed for pool service companies, offering features including but not limited to:
- Route optimization and GPS-based scheduling
- Customer relationship management and data storage
- Service history tracking and documentation
- Chemical tracking and water quality recording
- Payment processing and invoicing
- AI-powered lead generation and skip tracing
4.2 Service Availability
We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
4.3 Modifications to Service
We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.
5. AI LEAD GENERATION AND SKIP TRACING SERVICES
5.1 Nature of Lead Generation Services
The Platform includes AI-powered lead generation tools that utilize skip tracing technology to provide contact information and property data obtained from Third-Party Providers. YOU ACKNOWLEDGE AND AGREE THAT:
(a) Skip Tracing Data is provided by third-party data providers and Pool Runs does not independently verify the accuracy, completeness, or currency of such data;
(b) Skip Tracing Data is provided "AS IS" and "AS AVAILABLE" without warranties of any kind;
(c) Pool Runs acts solely as an intermediary facilitating access to third-party data and is not the original source of Skip Tracing Data;
(d) The availability and content of Skip Tracing Data may vary and is subject to the terms and limitations of our Third-Party Providers.
5.2 User Responsibilities for Skip Tracing Data
BY USING THE LEAD GENERATION SERVICES, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT:
(a) You are solely responsible for your use of any Skip Tracing Data obtained through the Service;
(b) You will use Skip Tracing Data only for lawful purposes directly related to legitimate pool service business activities;
(c) You will comply with all applicable federal, state, and local laws governing the use of consumer data, including but not limited to:
- The Fair Credit Reporting Act (FCRA)
- The Telephone Consumer Protection Act (TCPA)
- The CAN-SPAM Act
- State consumer protection laws
- State privacy laws
- Do-Not-Call regulations
(d) You will NOT use Skip Tracing Data for:
- Harassment, stalking, or intimidation
- Illegal discrimination
- Determining eligibility for credit, insurance, employment, or housing
- Any purpose prohibited by the FCRA or other applicable law
- Resale or redistribution to third parties
- Any fraudulent, deceptive, or unlawful purpose
(e) You are responsible for obtaining any required consents before contacting individuals using Skip Tracing Data;
(f) You will maintain appropriate records of your use of Skip Tracing Data as required by law.
5.3 Disclaimer of Liability for Skip Tracing
POOL RUNS EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM OR RELATED TO YOUR USE OF SKIP TRACING DATA AND LEAD GENERATION SERVICES. You agree to indemnify, defend, and hold harmless Pool Runs from any claims, damages, losses, or expenses (including attorneys' fees) arising from your use or misuse of Skip Tracing Data.
5.4 No FCRA Purposes
The Lead Generation Services are NOT a consumer reporting agency, and Skip Tracing Data does NOT constitute a "consumer report" as defined by the FCRA. You agree that you will not use Skip Tracing Data for any FCRA-regulated purpose, including but not limited to evaluating consumers for credit, insurance, employment, housing, or any other purpose requiring FCRA compliance.
6. PAYMENT TERMS AND SUBSCRIPTIONS
6.1 Subscription Plans
Access to the Service requires a paid Subscription. We offer monthly and annual Subscription options. Current pricing and plan details are available on our website and within the Platform.
6.2 Included Usage and Overage Fees
Each Subscription plan includes a base allocation of Properties that you may manage through the Service. Usage exceeding your plan's included Property allocation will incur overage fees.
(a) Included Allocation: The number of Properties included in your Subscription is specified in your selected plan and may vary by plan tier.
(b) Overage Fees: For each Property exceeding your plan's included allocation, you will be charged an overage fee at the then-current per-Property rate as published on our website or within the Platform.
(c) Calculation: Overage fees are calculated based on the total number of Properties in your Account during the billing period.
(d) Billing: Overage fees will be charged at the end of each billing period in addition to your base Subscription fee.
(e) Property Removal: Removing a Property from your Account will reduce your Property count for future billing periods. No refunds or credits will be issued for Properties removed mid-billing period.
6.3 Payment
You agree to pay all fees associated with your selected Subscription plan, including any applicable overage fees. Base Subscription fees are due in advance for each billing period. Overage fees are due at the end of each billing period. We accept payment methods as specified on our Platform.
6.4 Automatic Renewal
Your Subscription will automatically renew at the end of each billing period unless you cancel before the renewal date. For monthly Subscriptions, you will be billed monthly. For annual Subscriptions, you will be billed annually. You authorize us to charge your payment method on file for all recurring fees, including base Subscription fees and overage fees.
6.5 Price Changes
We may modify Subscription pricing, included Property allocations, and overage rates at any time. Price changes will take effect at the start of your next billing period following notice to you. Your continued use of the Service after a price change constitutes acceptance of the new pricing.
6.6 Taxes
All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service, excluding taxes based on Pool Runs' net income.
6.7 Refund Policy
All fees are non-refundable except as expressly set forth in these Terms or as required by applicable law. No refunds or credits will be provided for partial months of service, downgrade refunds, unused periods, or removed Properties.
6.8 Failure to Pay
If you fail to pay any fees when due, including overage fees, we may: (a) charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is less; (b) suspend your access to the Service until all outstanding amounts are paid; or (c) terminate your Account in accordance with Section 17.
6.9 Payment Processing for End Customers
If you use the Service to process payments from your customers, you acknowledge that: (a) payment processing is provided by third-party payment processors; (b) you are bound by the terms of service of such payment processors; (c) Pool Runs is not responsible for payment processing errors, delays, or failures; and (d) you are solely responsible for your transactions with your customers.
7. USER DATA AND PRIVACY
7.1 Customer Data Ownership
You retain all rights to your Customer Data. By using the Service, you grant Pool Runs a limited, non-exclusive license to use, process, and store your Customer Data solely to provide and improve the Service.
7.2 Data Responsibilities
You are solely responsible for: (a) the accuracy and legality of Customer Data you upload; (b) obtaining any necessary consents from individuals whose data you store in the Service; (c) complying with applicable privacy and data protection laws; and (d) maintaining appropriate backups of your Customer Data.
7.3 Data Security
We implement reasonable security measures to protect Customer Data. However, no method of electronic storage or transmission is completely secure, and we cannot guarantee absolute security.
7.4 Privacy Policy
Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
7.5 Data Retention and Deletion
Upon termination of your Account, we may retain Customer Data for a reasonable period to comply with legal obligations. You may request deletion of your Customer Data in accordance with our Privacy Policy.
8. ACCEPTABLE USE POLICY
8.1 Prohibited Conduct
You agree NOT to:
(a) Use the Service for any unlawful purpose or in violation of any applicable law or regulation;
(b) Violate or infringe upon the rights of others, including privacy, publicity, intellectual property, or contractual rights;
(c) Upload, transmit, or store any content that is harmful, threatening, abusive, harassing, defamatory, or otherwise objectionable;
(d) Attempt to gain unauthorized access to the Service, other Accounts, or computer systems;
(e) Interfere with or disrupt the Service or servers or networks connected to the Service;
(f) Use any automated means (including bots, scrapers, or spiders) to access the Service except as expressly permitted;
(g) Reverse engineer, decompile, or disassemble any aspect of the Service;
(h) Resell, sublicense, or provide access to the Service to third parties without authorization;
(i) Use Skip Tracing Data in violation of Section 5 of these Terms;
(j) Misrepresent your identity or affiliation with any person or entity.
8.2 Enforcement
We reserve the right to investigate and take appropriate action against any suspected violations of this Section, including terminating your Account and reporting suspected illegal activity to law enforcement.
9. INTELLECTUAL PROPERTY
9.1 Pool Runs Property
The Service, including all software, content, features, functionality, designs, trademarks, and documentation, is owned by Pool Runs or its licensors and is protected by intellectual property laws. These Terms do not grant you any ownership rights in the Service.
9.2 Limited License
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your Subscription period.
9.3 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Service ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, royalty-free license to use such Feedback for any purpose without compensation to you.
10. THIRD-PARTY SERVICES AND INTEGRATIONS
10.1 Third-Party Services
The Service may integrate with or provide access to third-party services, including payment processors, mapping services, and data providers. Your use of third-party services is subject to their respective terms and policies.
10.2 No Endorsement
Pool Runs does not endorse and is not responsible for third-party services. We make no warranties regarding the availability, accuracy, or reliability of third-party services.
10.3 Third-Party Data Providers
Skip Tracing Data and other data provided through the Service may be sourced from Third-Party Providers. Pool Runs is not responsible for the accuracy, completeness, or legality of data obtained from Third-Party Providers.
11. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
POOL RUNS EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
(a) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT;
(b) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SERVICE OR ANY DATA PROVIDED THROUGH THE SERVICE, INCLUDING SKIP TRACING DATA;
(c) WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(d) WARRANTIES REGARDING ANY THIRD-PARTY SERVICES OR DATA PROVIDERS.
YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK.
12. LIMITATION OF LIABILITY
12.1 Exclusion of Damages
TO THE MAXIMUM EXTENT PERMITTED BY LAW, POOL RUNS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:
(a) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES;
(b) ANY DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES;
(c) ANY DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE SERVICE;
(d) ANY DAMAGES ARISING FROM YOUR USE OF SKIP TRACING DATA OR LEAD GENERATION SERVICES;
(e) ANY DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA;
(f) ANY DAMAGES ARISING FROM THIRD-PARTY SERVICES OR DATA PROVIDERS.
12.2 Cap on Liability
IN NO EVENT SHALL POOL RUNS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO POOL RUNS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
12.3 Basis of the Bargain
THE DISCLAIMERS AND LIMITATIONS IN SECTIONS 11 AND 12 ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND POOL RUNS AND SHALL APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
13. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Pool Runs and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
(a) Your use of the Service;
(b) Your violation of these Terms;
(c) Your violation of any applicable law or regulation;
(d) Your use or misuse of Skip Tracing Data or Lead Generation Services;
(e) Any claim that your Customer Data infringes or violates the rights of any third party;
(f) Your interactions with your customers or clients;
(g) Any dispute between you and your customers or any third party.
14. DISPUTE RESOLUTION AND ARBITRATION
14.1 Informal Resolution
Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@poolruns.com to attempt to resolve the dispute informally. We will attempt to resolve the dispute through good-faith negotiation for at least thirty (30) days.
14.2 Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
If we cannot resolve a dispute informally, you and Pool Runs agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may bring individual claims in small claims court if they qualify.
14.3 Arbitration Rules
Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration shall be conducted by a single arbitrator. The arbitration shall take place in Wilmington, Delaware, or at another mutually agreed location, or may be conducted via telephone or video conference.
14.4 Arbitration Fees
Each party shall bear its own costs and attorneys' fees. Filing fees and arbitrator compensation shall be governed by the AAA's rules.
14.5 Arbitration Award
The arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
14.6 Opt-Out
You may opt out of this arbitration agreement by sending written notice to us within thirty (30) days of first accepting these Terms. Your notice must include your name, Account information, and a clear statement that you wish to opt out of the arbitration agreement.
15. CLASS ACTION AND JURY TRIAL WAIVER
15.1 Class Action Waiver
YOU AND POOL RUNS AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, OR CONSOLIDATED ACTION. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims or otherwise preside over any form of representative or class proceeding.
15.2 Jury Trial Waiver
IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, YOU AND POOL RUNS EACH WAIVE ANY RIGHT TO A JURY TRIAL.
16. DMCA AND COPYRIGHT POLICY
16.1 Respect for Intellectual Property
Pool Runs respects the intellectual property rights of others and expects users to do the same.
16.2 DMCA Notice
If you believe that content available through the Service infringes your copyright, please submit a notice to our designated Copyright Agent containing:
(a) A physical or electronic signature of the copyright owner or authorized agent;
(b) Identification of the copyrighted work claimed to be infringed;
(c) Identification of the allegedly infringing material and its location on the Service;
(d) Your contact information (address, telephone number, email);
(e) A statement that you have a good faith belief that use of the material is not authorized;
(f) A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
16.3 Copyright Agent
DMCA notices should be sent to:
PoolRuns, LLC Attn: Copyright Agent Email: legal@poolruns.com
16.4 Repeat Infringers
We may terminate the Accounts of users who are repeat infringers.
17. TERMINATION
17.1 Termination by You
You may cancel your Subscription and terminate your Account at any time through the Platform or by contacting us. Cancellation will be effective at the end of your current billing period.
17.2 Termination by Pool Runs
We may suspend or terminate your access to the Service immediately, without prior notice or liability, if: (a) you breach these Terms; (b) you fail to pay fees when due; (c) we are required to do so by law; or (d) we discontinue the Service.
17.3 Effect of Termination
Upon termination: (a) your license to use the Service terminates immediately; (b) you must cease all use of the Service; (c) you remain liable for all fees incurred prior to termination; (d) we may delete your Customer Data after a reasonable retention period; and (e) provisions of these Terms that by their nature should survive termination shall survive.
17.4 No Refund Upon Termination
Unless otherwise required by law, termination of your Account will not entitle you to any refund of prepaid fees.
18. GOVERNING LAW AND JURISDICTION
18.1 Governing Law
These Terms and any dispute arising out of or related to these Terms or the Service shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
18.2 Jurisdiction
Subject to the arbitration agreement in Section 14, you agree that any legal action or proceeding arising out of or related to these Terms or the Service shall be brought exclusively in the state or federal courts located in New Castle County, Delaware. You consent to the personal jurisdiction of such courts.
19. GENERAL PROVISIONS
19.1 Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Pool Runs regarding the Service and supersede all prior agreements and understandings.
19.2 Amendments
We may modify these Terms at any time by posting the revised Terms on our website or through the Platform. Material changes will be communicated to you via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the modified Terms.
19.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by Pool Runs.
19.4 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.
19.5 Assignment
You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.
19.6 Notices
Notices to you may be made via email to the address associated with your Account or through the Service. Notices to Pool Runs should be sent to legal@poolruns.com.
19.7 Force Majeure
Pool Runs shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, acts of government, internet outages, or failures of third-party services.
19.8 Independent Contractors
The relationship between you and Pool Runs is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
19.9 Headings
Section headings are for convenience only and have no legal or contractual effect.
19.10 Electronic Communications
You consent to receive communications from us electronically. Electronic communications satisfy any legal requirement that communications be in writing.
20. CONTACT INFORMATION
If you have any questions about these Terms, please contact us at:
PoolRuns, LLC Email: legal@poolruns.com
ACKNOWLEDGMENT
BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE THE SERVICE.
© 2026 Pool Runs, LLC. All rights reserved.