Terms of Service

Welcome to PoolVerify. These Terms of Service ("Terms") govern your access to and use of PoolVerify's pool inspection software and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

PoolVerify ("we," "us," or "our") operates from Israel and provides pool inspection software primarily to pool inspectors in California, USA. If you do not agree to these Terms, you may not access or use the Service.

Important: These Terms include important information about your legal rights, remedies, and obligations, including mandatory arbitration and class action waiver provisions in Section 18.

By creating an account or using the Service, you:

• Confirm that you are at least 18 years old
• Agree to these Terms and our Privacy Policy
• Represent that you have the authority to enter into this agreement
• Acknowledge that you are using the Service for professional business purposes related to pool inspections

If you are using the Service on behalf of a company or organization, you represent that you have the authority to bind that entity to these Terms.

PoolVerify provides web-based pool inspection software that allows you to:

• Conduct and document pool inspections using digital forms
• Capture and organize inspection photos
• Generate professional PDF inspection reports
• Manage client information and inspection history
• Collaborate with team members (on applicable plans)
• Access your data from any web browser on desktop or mobile devices

Note: PoolVerify is a browser-based application accessible via web browsers. There is no native mobile app or API access. The Service is designed specifically for pool inspections in California and includes templates compliant with California regulations.

3.1 Account Creation

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Notify us immediately of any unauthorized access to your account
• Be responsible for all activities that occur under your account

3.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials. We are not liable for any loss or damage arising from your failure to protect your account information.

3.3 One Account Per User

Each account is for a single user or organization. You may not share your account credentials or allow others to access your account unless they are authorized team members on your subscription plan.

4.1 Free Trial

New users are eligible for a 14-day free trial of the Service. To start your free trial:

• You must provide valid payment information (credit card or other accepted payment method)
• Your payment method will not be charged during the 14-day trial period
• After the trial ends, you will automatically be charged for the subscription plan you selected unless you cancel before the trial ends
• You can cancel anytime during the trial period without being charged

Trial Reminder: We will send you a reminder email 3 days before your trial ends to notify you of the upcoming charge.

4.2 Subscription Plans

PoolVerify offers various subscription plans with different features and pricing. Current plans include:

• Monthly subscriptions (billed monthly)
• Annual subscriptions (billed yearly with discount)
• Pay-per-report options (no monthly commitment)

Pricing and plan features are available on our Pricing page. We reserve the right to modify pricing with 30 days' notice to existing subscribers.

4.3 Payment Processing

Payments are processed by Polar.sh, our payment processor and Merchant of Record. By subscribing, you authorize Polar.sh to charge your payment method for all fees incurred. We do not store your payment card information.

4.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You will be charged the then-current subscription rate.

4.5 Cancellation and Refunds

• Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period.
• Refunds: We do not provide refunds for partial subscription periods. If you cancel, you will retain access until the end of your paid period.
• Trial Cancellation: If you cancel during your free trial, you will not be charged.
• Annual Plans: Annual subscriptions are non-refundable after the 14-day trial period ends.

4.6 Failed Payments

If payment fails, we will attempt to charge your payment method up to 3 times. If all attempts fail, your account will be downgraded to a free/limited access level, and you may lose access to your data until payment is resolved.

PoolVerify is designed to help you comply with California pool and spa inspection regulations. However, you remain solely responsible for ensuring your inspections meet all legal requirements.

5.1 Applicable California Laws

Our inspection templates are designed to support compliance with:

• BPC §7195: California Pool and Spa Inspector Act - Professional requirements for pool inspectors
• HSC §115922: Swimming pool safety feature requirements - Minimum 2 safety features required
• AB 3205: Pool safety inspection requirements for property transfers
• Local Ordinances: Additional local requirements may apply

5.2 Your Responsibilities

As a pool inspector using PoolVerify, you are responsible for:

• Maintaining valid California pool inspector certification/license
• Ensuring your inspections meet all applicable California and local requirements
• Staying current with changes to California pool safety regulations
• Accurately documenting all inspection findings
• Verifying that inspection reports meet legal requirements before distribution
• Maintaining professional liability insurance as required by California law

5.3 No Legal Advice

Important: PoolVerify provides software tools only. We do not provide legal advice, and our templates and features should not be construed as legal advice. Consult with a qualified attorney regarding your legal obligations.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws or regulations
• Infringe on intellectual property rights of others
• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or other users' accounts
• Use the Service to harass, abuse, or harm others
• Interfere with or disrupt the Service or servers
• Scrape, crawl, or use automated tools to access the Service without permission
• Resell, sublicense, or redistribute the Service without authorization
• Remove or obscure any copyright, trademark, or proprietary notices
• Use the Service for any illegal or fraudulent purpose

We reserve the right to suspend or terminate your account if you violate this Acceptable Use Policy.

7.1 Your Content

You retain all ownership rights to the content you create using the Service, including inspection reports, photos, notes, and client data ("Your Content"). You grant us a limited license to use Your Content solely to provide and improve the Service.

7.2 Content Responsibilities

You are solely responsible for Your Content and agree that:

• You have all necessary rights to upload and use Your Content
• Your Content does not violate any laws or third-party rights
• Your Content is accurate and complete for its intended purpose
• You have obtained necessary consent from clients to collect and store their information
• You will comply with all applicable privacy laws regarding client data

7.3 Data Backup

While we maintain regular backups, you are responsible for maintaining your own backups of critical data. We recommend regularly downloading your inspection reports and exporting your data.

7.4 Data Deletion

If you delete Your Content or close your account, we will delete Your Content immediately, except where we are required to retain data for legal compliance (such as billing records retained for 7 years for tax purposes, and completed inspections retained for 7 years for regulatory compliance).

Warning: Account deletion is permanent and cannot be undone. Before closing your account, export any data you wish to retain through the Privacy Dashboard (Settings → Privacy & Data).

8.1 Our Intellectual Property

The Service, including all software, designs, text, graphics, logos, and other content (excluding Your Content), is owned by PoolVerify and is protected by copyright, trademark, and other intellectual property laws.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your business purposes in accordance with these Terms.

8.3 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices from the Service
• Use the Service to build a competing product or service
• Frame or mirror any part of the Service without our written permission

8.4 Feedback

If you provide feedback, suggestions, or ideas about the Service, you grant us a perpetual, royalty-free license to use and incorporate such feedback without any obligation to you.

The Service integrates with and relies on third-party services, including:

• Clerk: Authentication and user management
• Supabase: Database and file storage
• Polar.sh: Payment processing
• Resend: Email delivery
• Vercel: Application hosting

Your use of these third-party services is subject to their respective terms and privacy policies. We are not responsible for the actions or policies of third-party services.

10.1 Uptime and Availability

We strive to provide reliable, uninterrupted service, but we do not guarantee that the Service will be available 100% of the time. The Service may be unavailable due to:

• Scheduled maintenance (announced in advance when possible)
• Technical issues or server problems
• Third-party service outages
• Force majeure events beyond our control

10.2 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 will make reasonable efforts to notify you of significant changes.

10.3 Updates and New Features

We regularly update the Service with improvements, bug fixes, and new features. Some updates may change how existing features work. By continuing to use the Service, you accept these updates.

We provide email support to all subscribers:

• Email Support: support@poolverify.io
• Response Time: We aim to respond within 1-2 business days
• Business Hours: Support is provided during standard business hours (Pacific Time)
• No Phone Support: We do not offer phone or live chat support at this time

Support is provided in English only. While we strive to provide helpful support, we do not guarantee specific response times or resolutions.

12.1 No Warranty

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

12.2 Service Limitations

We do not warrant that:

• The Service will meet your specific requirements
• The Service will be uninterrupted, timely, secure, or error-free
• The results obtained from using the Service will be accurate or reliable
• Any defects in the Service will be corrected
• The Service will be compatible with all devices or browsers

12.3 Professional Responsibility

PoolVerify is a tool to assist with pool inspections. We do not warrant that using the Service will ensure compliance with all applicable laws and regulations. You remain professionally responsible for the accuracy and completeness of your inspections.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POOLVERIFY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Service
• Any conduct or content of any third party on the Service
• Any content obtained from the Service
• Unauthorized access, use, or alteration of your transmissions or content
• Errors, mistakes, or inaccuracies in the Service
• Personal injury or property damage resulting from your use of the Service

Maximum Liability: Our total liability to you for any claims arising from your use of the Service is limited to the amount you paid us in the 12 months prior to the claim, or $100, whichever is greater.

You agree to indemnify, defend, and hold harmless PoolVerify and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any rights of another party
• Your inspection reports or professional services
• Your violation of applicable laws or regulations
• Your Content or data uploaded to the Service

15.1 Termination by You

You may terminate your account at any time by canceling your subscription from your account settings or by emailing us at support@poolverify.io.

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You breach these Terms
• You violate our Acceptable Use Policy
• Your payment fails and you don't resolve it within 30 days
• We are required to do so by law
• We believe your account poses a security risk

15.3 Effect of Termination

Upon termination:

• Your right to access and use the Service immediately ceases
• You will lose access to Your Content stored in the Service
• We will delete Your Content immediately (except where legally required to retain for compliance, such as billing records for 7 years and completed inspections for 7 years)
• You remain liable for all charges incurred prior to termination
• Provisions that by their nature should survive termination will survive (including warranty disclaimers, limitation of liability, and dispute resolution)

15.4 Data Export

Before closing your account, you should export any data you wish to retain. We are not obligated to provide access to Your Content after account termination.

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions.

Jurisdiction: You agree that any legal action or proceeding arising from these Terms shall be brought exclusively in the state or federal courts located in California, and you consent to the personal jurisdiction of such courts.

Note: PoolVerify operates from Israel but provides services under California law to California-based customers.

We may modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you via email at least 30 days before material changes take effect
• Post a notice on your dashboard
• Provide a summary of significant changes

Your continued use of the Service after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Service and cancel your account.

18.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@poolverify.io. We'll try to resolve the dispute informally within 60 days.

18.2 Binding Arbitration

If we cannot resolve the dispute informally, you agree that any dispute arising from these Terms or the Service will be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (AAA).

• Arbitration will be conducted in California
• The arbitrator's decision will be final and binding
• Each party will bear its own costs and attorneys' fees
• Small claims court actions are exempt from this arbitration requirement

18.3 Class Action Waiver

Important: You agree to resolve disputes with us on an individual basis only. You waive any right to bring claims as a class action, collective action, or representative proceeding.

18.4 Exception for Small Claims

Either party may bring a claim in small claims court if the claim qualifies and remains in small claims court.

19.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and PoolVerify regarding the Service and supersede all prior agreements.

19.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

19.3 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or internet service failures.

19.6 Electronic Communications

By using the Service, you consent to receive electronic communications from us, including emails about your account, updates, and promotional offers (which you can opt out of).

If you have questions about these Terms or need to contact us for any reason related to the Service, please reach out: