POOLIO Terms of Service

Scope, acceptance and business use

POOLIO provides software for pool service companies to manage customers, routes, service logs, work orders, estimates, invoices, payments, communications, AI Inbox, Billing AI, POOLIO Exchange, and related business operations.

By creating an account, using POOLIO, signing an agreement electronically, or using a POOLIO transaction workflow, you agree to these Terms on behalf of yourself and, if you use POOLIO for a company, on behalf of that company.

POOLIO is intended for business and professional use. You are responsible for maintaining accurate company, user, customer, billing, tax, consent and operational information.

Customer communication and SMS messaging

POOLIO provides communication features that pool-service businesses may use to communicate with their own customers. Each business is independently responsible for obtaining and maintaining legally required permissions and complying with applicable messaging, privacy, consumer-protection and telecommunications requirements.

The communication features available to pool-service businesses are separate from POOLIO's own internal SMS messaging program. By affirmatively opting in to POOLIO SMS messaging, you agree to receive recurring text messages from POOLIO regarding product demonstrations, account setup, onboarding, operational account notifications and POOLIO customer support at the mobile number you provide.

Message frequency varies. Standard message and data rates may apply. Reply STOP to opt out or HELP for help. Consent to receive SMS messages is not a condition of purchasing, requesting a product demonstration or creating a POOLIO account.

Mobile information and SMS consent will not be sold or shared with third parties for promotional or marketing purposes. POOLIO may share limited information with telecommunications carriers, platform providers and messaging-delivery vendors only as necessary to operate and deliver the POOLIO messaging program.

POOLIO Exchange

POOLIO Exchange is marketplace software and transaction workflow infrastructure for pool-service businesses that want to buy, sell or trade specified business assets such as recurring service accounts, routes, records and related operational context.

POOLIO is not the buyer or seller, does not represent either party, is not a fiduciary, does not negotiate or set price for either party, does not provide legal, tax, accounting, valuation or investment advice, does not decide buyer-seller disputes, and does not hold purchase funds.

Buyer and seller are responsible for their own deal decisions, diligence, authority, notices, customer-data permissions, taxes, allocation of liabilities, transition obligations and compliance with applicable law.

Escrow.com or another independent escrow, payment, settlement, identity, e-signature or verification provider may be used for Exchange transactions. Those providers operate under their own terms, fees, verification standards and release procedures. POOLIO cannot waive provider requirements and does not take custody of purchase funds.

Exchange-specific marketplace agreements, signed transaction documents, locked deal terms, escrow instructions and data-transfer authorizations control deal-specific obligations between the parties. Existing signed transaction records are not rewritten by later changes to these Terms.

POOLIO Trade is the part of POOLIO Exchange where two companies exchange specified service accounts with each other. The POOLIO Exchange Trade Participation Agreement, together with the accepted Trade Schedule, controls trade-specific obligations between the two trading companies. In a trade, POOLIO is not a party to the companies' promises to each other, does not represent either company, does not decide disputes between them, and does not hold money exchanged between them. A straight account-for-account trade does not use Escrow.com or any other escrow provider through POOLIO.

Payments and third-party providers

POOLIO subscription billing is separate from customer invoice payments and separate from POOLIO Exchange transaction funds. Pool companies may connect payment providers to receive customer payments. POOLIO does not guarantee payment collection, customer payment behavior, funding, release, dispute outcomes or third-party provider availability.

Third-party providers may include payment processors, escrow providers, identity providers, e-signature providers, communications providers, AI service providers, hosting providers, analytics providers, mapping providers and integration partners. Their own terms may apply.

AI features

POOLIO may provide AI-assisted features including message classification, suggested replies, Billing AI reminders, service summaries and customer communication assistance.

AI-generated content may be imperfect. Pool companies are responsible for reviewing messages, settings, recommendations and customer communications where appropriate.

Acceptable use and intellectual property

You may use POOLIO only for lawful business purposes. You may not misuse the platform, attempt to bypass security or billing controls, submit fabricated records, harass others, upload malicious code, scrape or reverse engineer restricted parts of the service, violate third-party rights, or use POOLIO to send unlawful messages.

POOLIO and its licensors retain all rights in the POOLIO software, designs, workflows, documentation, trademarks and related intellectual property. You retain responsibility for and any rights you have in the business data you submit, subject to the rights needed for POOLIO to provide the service.

No professional advice

POOLIO does not provide legal, tax, accounting, financial, insurance, employment, valuation, brokerage, regulatory or professional advice. You should consult your own advisers for those matters.

Disputes involving POOLIO

Claims directly against POOLIO are separate from buyer-seller, trading-party, customer, employee, contractor, provider or other third-party disputes. A dispute between Exchange transaction parties, including the two companies in a POOLIO Trade, does not become a claim against POOLIO merely because POOLIO software was used.

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules, except where mandatory law requires otherwise.

Claims directly against POOLIO may be brought in a court of competent jurisdiction in California, subject to applicable jurisdiction and venue law. These Terms do not create an arbitration requirement or jury-trial waiver.

Disclaimers, limitation of liability and non-waivable rights

POOLIO is provided as software to help manage business operations. To the fullest extent permitted by applicable law, POOLIO is provided as is and as available, without warranties of any kind, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, accuracy and non-infringement.

To the fullest extent permitted by applicable law, POOLIO is not responsible for missed messages, customer disputes, failed payments, provider outages, user-entered data errors, field-service outcomes, buyer-seller disputes, escrow-provider decisions or business losses caused by third parties.

To the fullest extent permitted by applicable law, POOLIO is not liable for indirect, incidental, special, exemplary, punitive or consequential damages, lost profits, lost revenue, lost customers, lost goodwill, lost data, business interruption or substitute transaction costs.

Nothing in these Terms releases, disclaims or limits POOLIO's own fraud, intentional misrepresentation, willful injury, willful misconduct, violation of law, or any other liability that applicable law does not permit to be released, disclaimed or limited.

Indemnity

To the fullest extent permitted by applicable law, business users will defend, indemnify and hold harmless POOLIO, its affiliates and their owners, officers, directors, employees, contractors and agents from third-party claims, losses, liabilities, damages, penalties and reasonable legal fees arising from the user's business operations, customer data, communications, listings, offers, transactions, taxes, field service, misuse of POOLIO, violation of law, violation of third-party rights, or breach of these Terms.

This indemnity does not extend to a POOLIO Party's own fraud, willful misconduct or violation of law, or to any matter applicable law does not permit to be indemnified.

Suspension and termination

POOLIO may suspend or terminate accounts that violate these Terms, misuse the platform, create security or legal risk, fail to pay amounts due, send unlawful messages, abuse the service, or threaten the reliability of the platform, subject to applicable law and any specific written agreement that controls a transaction record.

Electronic notices, records and signatures

You consent to receive POOLIO notices and records electronically. Where POOLIO provides an electronic signature workflow, a typed legal name, authority confirmation, authenticated account, timestamp, document version and server-derived document hash may be recorded as signature evidence to the extent permitted by applicable law.

Executed transaction records remain available for download or printing where the product provides that access. Changing notice or signature preferences later does not alter an already-executed record.

Changes, versioning and order of precedence

POOLIO may update these Terms prospectively. Material changes apply going forward and do not rewrite already-signed transaction records, signed PDFs or immutable agreement snapshots.

If a POOLIO Exchange transaction-specific document conflicts with these general Terms on a deal-specific issue between buyer and seller, or between the two companies in a POOLIO Trade, the executed transaction document controls that deal-specific issue. These Terms continue to govern the user's relationship with POOLIO unless a more specific written POOLIO agreement says otherwise.

If any part of these Terms is held invalid or unenforceable, the remaining parts stay in effect to the fullest extent permitted by law. A failure to enforce a term is not a waiver. You may not assign your account or obligations without POOLIO's consent except where law requires otherwise. POOLIO may assign these Terms in connection with a merger, acquisition, reorganization or sale of assets.

Contact

For support or legal notices, contact info@usepoolio.com.