Clyrpool Terms of Service

1) Acceptance of These Terms

These Terms of Service ("Terms") are a binding agreement between you and Aquatech Partners d/b/a Clyrpool ("Clyrpool," "we," "us," or "our"). By creating an account, accessing, or using our websites, mobile apps (including "Clyr Pool" and "Clyr Hub"), connected services, or integrations (collectively, the "Service"), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" includes the organization.

2) Changes to the Service and to These Terms

We may update the Service and these Terms. If we make material changes, we will provide notice (for example, in-app or by email) and update the Effective Date. Your continued use after the changes take effect means you accept the updated Terms.

3) Eligibility

You must be 16 or older (or the age of majority in your jurisdiction, if higher) to use the Service. You may not use the Service if we have suspended or terminated your account or if use is prohibited by law.

4) Accounts and Security

Accuracy: Provide accurate, current information and keep it updated.

Credentials: Keep logins confidential; you are responsible for activity under your account.

Notice: If you suspect unauthorized access, contact support@clyrpool.com immediately.

Teams/Organizations: If you invite others or administer an organization account, you are responsible for their actions unless otherwise agreed in writing.

5) Permitted Use and Acceptable Use Policy

You agree not to:

• Use the Service in violation of law, safety codes, chemical handling rules, or manufacturer instructions.
• Reverse engineer, decompile, or access the Service by non-public interfaces except where allowed by law.
• Bypass security or perform probing or scanning without our written consent.
• Upload unlawful, infringing, defamatory, deceptive, or harmful content; distribute malware or spam.
• Use the Service for life-critical or hazardous activities where failure could lead to death, injury, or environmental damage.
• Misrepresent your identity; harvest data without consent; or scrape the Service except via an approved API agreement.
• Interfere with others' use of the Service.

We may suspend or terminate access for violations of this Section.

6) Your Content and Dosing/Pool Data

Definitions:

• "User Content": content you submit (e.g., notes, messages, images).
• "Dosing/Pool Data": water test inputs (pH, chlorine/bromine, alkalinity, calcium hardness, CYA), pool/spa dimensions, equipment details, chemical inventory, targets, treatment history, telemetry from connected devices, and related entries.

Ownership: You retain all rights to your User Content and Dosing/Pool Data.

License to Clyrpool: You grant Clyrpool a worldwide, non-exclusive, royalty-free license to host, process, reproduce, adapt, translate, analyze, and display your User Content and Dosing/Pool Data solely to operate, secure, and improve the Service, including analytics, troubleshooting, and feature development. We may create de-identified or aggregated data and use it for benchmarking and improvement; we will not attempt to re-identify you.

Your Responsibility: You are responsible for the accuracy and legality of your inputs and for obtaining any rights necessary to upload content.

7) Safety; Dosing Recommendations; No Professional Advice

Clyrpool's calculators, dosing recommendations, alerts, and related outputs ("Dosing Recommendations") are informational tools only. They are not professional, safety, regulatory, or environmental advice and do not replace manufacturer instructions, local code compliance, or on-site testing.

You are solely responsible for verifying measurements and calculations; choosing, storing, handling, and applying chemicals; following labels and Safety Data Sheets (SDS); using appropriate PPE; ensuring ventilation; and complying with all laws and codes.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CLYRPOOL DISCLAIMS LIABILITY FOR ANY LOSSES, DAMAGE, OR INJURY ARISING FROM OR RELATED TO YOUR RELIANCE ON DOSING RECOMMENDATIONS OR YOUR CHEMICAL HANDLING AND APPLICATION. Nothing in these Terms limits liability that cannot be limited by law (see Section 17).

8) Software License; Intellectual Property

The Service (including software, interfaces, designs, and content) is owned by Clyrpool and its licensors and protected by intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for personal or internal business purposes.

You may not copy, modify, distribute, publicly display, or create derivative works of the Service except as permitted by these Terms or applicable law. "Clyrpool," "Clyr Pool," "Clyr Hub," and associated marks are trademarks of Clyrpool; do not use them without written permission.

9) Third-Party Services; Integrations; IoT Devices

The Service may integrate with third-party services or hardware (e.g., sensors, pumps, controllers). Your use of these is governed by the third party's terms and privacy policies. We do not control and are not responsible for third-party services or device accuracy, latency, or availability--validate readings before acting.

10) Beta/Trial Features

We may offer trial or beta features ("Beta"). Beta is provided as-is and may change, break, or discontinue without notice. Additional terms may apply.

11) Fees, Payments, and Taxes (if applicable)

If you purchase paid features:

• Billing Authorization: You authorize us (and our processor) to charge your payment method for fees, taxes, and any recurring amounts.
• Renewals: Subscriptions renew automatically unless canceled per Section 12.
• Taxes: Fees are exclusive of taxes; you are responsible for applicable taxes, duties, and levies.

12) Cancellations, Refunds, and Proration

60-Day Refund Policy: You may cancel and request a full refund within 60 days of the initial purchase or renewal charge of a subscription or paid feature. Taxes and fees may be non-refundable where prohibited by payment networks or law.

Proration by Month (after the 60-day window):

• Monthly Plans: Cancel anytime. We will prorate the remainder of your current monthly billing period and refund the unused portion. Service access may continue through the end of the month at your option.
• Annual/Long-Term Plans: Upon cancellation, we refund unused full months remaining in your current term (no refund for a partial month already in progress), less any promotional discounts already applied.

How to Cancel/Request Refunds: Use in-app account settings or email support@clyrpool.com. We may request basic verification to process refunds. Abuse of the refund policy (e.g., repeated sign-up/cancel cycles) may result in denial and/or account action.

Nothing in this section limits rights you may have under applicable consumer laws.

13) Privacy

Your use of the Service is subject to our Privacy Policy. Among other things, we do not resell personal information to third parties as described there.

14) Communications; Electronic Notices

You consent to receive service-related communications (e.g., security alerts, transactional messages). Marketing communications are sent only as permitted by law and can be opted out via the unsubscribe link. We may provide legal notices by posting in the Service or emailing the address associated with your account.

15) DMCA/Copyright Policy

If you believe content on the Service infringes your copyright, send a notice to our DMCA agent:

Your notice must include: (a) your signature; (b) identification of the copyrighted work; (c) identification of the allegedly infringing material and its location; (d) your contact information; (e) a statement of good-faith belief that the use is not authorized; and (f) a statement under penalty of perjury that the information is accurate and you are authorized to act. We may remove content and, in appropriate cases, terminate repeat infringers.

16) Warranty Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT DOSING RECOMMENDATIONS OR MEASUREMENTS WILL BE ERROR-FREE OR MEET YOUR REQUIREMENTS.

17) Limitation of Liability

Nothing in these Terms excludes or limits liability where such exclusion or limitation is unlawful (e.g., certain consumer protections, liability for gross negligence, willful misconduct, or death or personal injury caused by negligence, as applicable by law).

To the fullest extent permitted by law, we are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, goodwill, or data; business interruption; or cost of substitute services, even if advised of the possibility. Our aggregate liability for all claims arising out of or relating to the Service shall not exceed the greater of (A) USD $100 or (B) the amounts you paid to Clyrpool for the Service in the twelve (12) months before the event giving rise to liability. Multiple claims do not enlarge this cap.

18) Indemnification

You will defend, indemnify, and hold harmless Clyrpool, its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your misuse of the Service, (b) your violation of these Terms or law, (c) your User Content or Dosing/Pool Data, or (d) your chemical handling and application.

19) Governing Law; Venue; Dispute Resolution (Texas--Courts)

These Terms and any dispute or claim (contractual or non-contractual) arising out of or in connection with them or the Service are governed by the laws of the State of Texas, without regard to conflict-of-laws rules.

Exclusive Jurisdiction and Venue: You and Clyrpool agree to the exclusive jurisdiction of the state and federal courts located in Harris County, Texas, and waive any objection to venue or inconvenient forum.

Class/Representative Action Waiver: To the fullest extent permitted by law, claims must be brought in an individual capacity and not as a plaintiff or class member in any purported class, collective, or representative proceeding.

Jury Trial Waiver: To the extent permitted by law, you and Clyrpool waive any right to a jury trial.

Informal Resolution: Before filing suit, a party must email support@clyrpool.com with a written description of the dispute and attempt in good faith to resolve it within 30 days.

Time Limit to Bring Claims: To the extent permitted by law, any claim must be filed within one (1) year after the cause of action accrues, or it is permanently barred.

20) Export and Sanctions

You may not use, export, or re-export the Service in violation of U.S. or other applicable export control and sanctions laws. You represent that you are not on any restricted party list and are not located in an embargoed country.

21) Mobile Apps and App Stores

If you download or use our mobile apps (including "Clyr Pool" and "Clyr Hub"): this agreement is between you and Clyrpool, not the app store. The app store has no obligation to provide maintenance or support. Apple-specific terms: the Apple EULA applies; Apple and its subsidiaries are third-party beneficiaries of these Terms with the right to enforce them. Google-specific terms: Your use must comply with Google Play policies.

22) Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of God, labor disputes, internet failures, governmental actions, disasters, or supply interruptions.

23) Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.

24) Entire Agreement; Severability; Waiver; Interpretation

These Terms (including referenced policies) are the entire agreement between you and Clyrpool regarding the Service and supersede prior agreements on the subject. If any provision is held unenforceable, it will be enforced to the maximum extent permitted and the remainder will remain in effect. Our failure to enforce a provision is not a waiver. Headings are for convenience only.

25) Contact

Annex A -- Region-Specific Terms (Examples)

• California (U.S.) Consumer Notices: We do not sell or share personal information as defined under the CPRA; see our Privacy Policy for your rights.
• EEA/UK/Switzerland: Where we act as a processor for enterprise customers, our DPA applies; when acting as a controller, see legal bases in our Privacy Policy.
• Canada/Australia/Brazil: Statutory consumer guarantees and rights may apply and are not excluded where exclusion is prohibited.