Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and AquaDesk ("AquaDesk," "we," "us," or "our") governing your access to and use of the AquaDesk pool service management platform and related services (the "Service").

By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. The Service

AquaDesk provides a cloud-based software platform for pool service businesses, including tools for job scheduling, employee dispatch, route optimization, customer management, invoicing, inventory tracking, and related features.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time. We will provide reasonable notice of material changes where possible.

2. Accounts & Access

To use AquaDesk you must create an account and provide accurate, complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Promptly notifying us of any unauthorized access at brandon@myaquadesk.com

Each AquaDesk account corresponds to one business. You may create employee sub-accounts within your account for your staff. You are responsible for ensuring your employees comply with these Terms.

You must be at least 18 years old and legally authorized to operate a business to create an account.

3. Acceptable Use

You agree to use the Service only for its intended purpose of managing your legitimate pool service business. You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to any part of the Service or its infrastructure
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to store or transmit malicious code, viruses, or harmful data
• Resell or sublicense access to the Service to third parties without our written consent
• Scrape, crawl, or use automated means to access the Service beyond normal use
• Use the Service in any way that could damage, disable, or impair its performance
• Misrepresent your identity or your business information

We reserve the right to suspend or terminate accounts that violate these terms without refund.

4. Subscription & Payment

AquaDesk is offered on a subscription basis. By subscribing you agree to pay the applicable fees for your selected plan.

• Billing: Subscriptions are billed monthly or annually in advance, depending on your selected billing cycle
• Payment processing: All payments are processed by Stripe. By providing payment information, you authorize Stripe to charge your payment method on a recurring basis
• Price changes: We will give at least 30 days' notice before changing subscription prices. Continued use after the effective date constitutes acceptance of the new pricing
• Taxes: Prices are exclusive of applicable taxes. Canadian customers may be subject to GST/HST as required by law
• Failed payments: If a payment fails, we will retry the charge and notify you. Accounts with outstanding balances may be suspended after reasonable notice
• Per-technician fees: Certain plan tiers include per-technician pricing. You will be billed based on the number of active employee accounts on your account

5. Cancellation & Termination

By you: You may cancel your subscription at any time from within your account settings or by contacting us. Cancellation takes effect at the end of your current billing period. We do not offer prorated refunds for partial billing periods.

By us: We may suspend or terminate your account immediately if you violate these Terms, fail to pay fees after notice, or if we are required to do so by law. We may also terminate accounts with 30 days' notice for any other reason.

Effect of termination: Upon cancellation or termination, your access to the Service ends. Your data will be retained for 30 days following the end of your subscription and then permanently deleted. You are responsible for exporting any data you wish to keep before cancellation.

6. Intellectual Property

AquaDesk and all of its content, features, and functionality — including but not limited to the software, design, graphics, logos, and trademarks — are owned by AquaDesk and protected by applicable Canadian and international intellectual property laws.

We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service solely for your internal business purposes in accordance with these Terms. This licence does not include the right to:

• Copy or reproduce any part of the Service
• Modify, adapt, or create derivative works
• Use AquaDesk's name, logo, or branding without prior written consent

7. Your Data

You retain full ownership of all data you input into AquaDesk, including customer records, job data, invoices, and business information ("Customer Data").

By using the Service, you grant AquaDesk a limited licence to store, process, and transmit your Customer Data solely as necessary to provide the Service to you. We do not claim any ownership over your data and do not use it for any purpose beyond operating the platform.

You are responsible for ensuring that any personal information you enter about your customers and employees is collected and used in accordance with applicable privacy laws, including PIPEDA.

8. Third-Party Integrations

AquaDesk integrates with third-party services including Stripe, QuickBooks Online, Google Maps, and Twilio. Your use of these integrations is subject to the respective third parties' terms and privacy policies. AquaDesk is not responsible for the availability, accuracy, or conduct of third-party services.

The QuickBooks integration is powered by Intuit's API. Use of the QuickBooks integration requires a valid QuickBooks Online subscription and is subject to Intuit's Terms of Service.

9. Disclaimer of Warranties

We make reasonable efforts to maintain Service availability but do not guarantee any specific uptime percentage. Scheduled maintenance and unplanned outages may occur.

10. Limitation of Liability

Our total cumulative liability to you for any claims arising from or related to these Terms or the Service shall not exceed the greater of (a) the amount you paid to AquaDesk in the three months preceding the claim, or (b) one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages, so the above limitations may not apply to you in full.

11. Indemnification

You agree to indemnify, defend, and hold harmless AquaDesk and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of the Service in violation of these Terms; (b) your Customer Data; or (c) your violation of any third-party rights or applicable law.

12. Governing Law

These Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Service shall be subject to the exclusive jurisdiction of the courts of Ontario, Canada. You consent to personal jurisdiction in Ontario for this purpose.

13. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date at the top and notify active users by email at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes your acceptance of the updated Terms.

If you do not agree with the updated Terms, you may cancel your subscription before the effective date.

14. Contact

Questions about these Terms? Contact us:

• Email: brandon@myaquadesk.com
• Website: myaquadesk.com