Terms of Service

These Terms of Service (“Terms”) govern your access to and use of poolyai.com and the PoolStack product (collectively, the “Service”), provided by Pooly LLC (“PoolStack”). By using the Service, you agree to these Terms. If you do not agree, do not use the Service.

Availability of the Service

The Service is provided on an “as is” and “as available” basis. Features will change as the product evolves. Outages can happen. We work hard to minimize disruption and to communicate openly when issues occur, but except where a separate written agreement states otherwise, we make no uptime or feature stability guarantees.

We will give you at least 30 days' advance notice before we materially change or discontinue a feature you rely on. Notice will be sent to the email address associated with your account and, where practical, posted on the Service. This notice period does not apply to emergency actions we may need to take to protect the security, integrity, or legal compliance of the Service.

Eligibility

You must be at least 18 years old, legally able to enter into a contract, and authorized to bind any business on whose behalf you use the Service.

Account

You are responsible for keeping your account credentials secure and for all activity under your account. Notify us promptly at admin@poolyai.com if you suspect unauthorized access.

Your data

You retain all rights in the data you put into the Service (“Customer Data”). You grant PoolStack a limited license to host, process, and display Customer Data solely to provide and improve the Service. We do not sell Customer Data and we do not use it to train third party models without your consent.

Acceptable use

You agree not to use the Service to: violate any law; infringe the rights of others; transmit malicious code; reverse engineer or circumvent technical measures; resell or sublicense the Service without our written consent; or use the Service in a way that materially disrupts other users.

Payments and fees

Fees for the Service are the subscription price published on our pricing page at the time you sign up, or the price set out in an order form or written quote agreed between you and PoolStack. Except for Early Adopter accounts (see below), we will give you at least 30 days' notice before changing the subscription fees that apply to your account, and continued use of the Service after the effective date will constitute acceptance of the updated fees.

Payment processing offered through PoolStack is provided by our payment processor, Finix. Use of those services is subject to their own terms. Payment processing fees are separate from the subscription fee, are charged on the payments you take through the Service, and are subject to change with at least 30 days' written notice to the email address associated with your account.

Subscription and processing fees exclude taxes. You are responsible for any sales, use, or similar taxes that apply to your use of the Service, other than taxes on our income.

Early adopter pricing and lifetime price lock

PoolStack offers a promotional early adopter rate of $79 per month for the all-access tier (the “Early Adopter Rate”). You qualify as an “Early Adopter” if you start a paid PoolStack subscription on or before December 31, 2026, or if you are among the first 100 paying customers of the Service, whichever applies to you. We may close the promotion to new sign-ups once either condition has been reached; doing so does not affect accounts that already qualify.

Lifetime price lock. An Early Adopter keeps the Early Adopter Rate for the life of their subscription. We will not raise the subscription price for an Early Adopter account, regardless of pricing announced or published for new customers after you sign up, for as long as the account meets the conditions in this section.

Conditions. The lifetime price lock applies only while:

• you process your customer payments through the payment system provided in the Service (powered by Finix), rather than through a separate payment processor; and
• your subscription remains active and in good standing, with fees paid when due.

If you move your payment processing off PoolStack, or your subscription is cancelled, lapses, or is terminated for breach of these Terms, the lifetime price lock ends. If you later return to the Service, your subscription will be at the pricing then published for new customers. The lifetime price lock applies to the subscription fee for the all-access tier only. It does not fix payment processing fees, taxes, or the price of any add-on, hardware, or professional service that is priced separately. It applies to one account and one business and may not be transferred or resold.

Right to opt out of price increases. Early Adopters have the right to opt out of future price increases. If we announce an increase to the fees that apply to your account, including payment processing fees, you may decline the increase by emailing admin@poolyai.com before its effective date, and the increase will not apply to your account for as long as the account continues to meet the conditions above.

Intellectual property

The Service, including all software, content, and trademarks, is owned by PoolStack and our licensors. We grant you a limited, non exclusive, non transferable, revocable license to use the Service in accordance with these Terms. All rights not expressly granted are reserved.

Third party services

The Service is built on and relies on third party services. We use Amazon Web Services for hosting and infrastructure, Clerk for authentication and account security, and Finix for payment processing. The Service may integrate with services you choose to connect, including Intuit QuickBooks Online (accounting), and uses OpenAI and Anthropic for AI features. Your use of any integration you connect is subject to the terms of that provider. PoolStack is not responsible for third party service availability, security, or content.

Performance monitoring, analytics, and diagnostics

To keep the Service reliable, find and fix bugs, and improve performance and usability, we use third party monitoring, analytics, and error reporting tools. These currently include Microsoft Clarity (session analytics and heatmaps), PostHog (product analytics), Datadog (infrastructure and application performance monitoring), and Sentry (error and crash reporting). These tools may collect technical information such as your IP address, device and browser type, the pages and features you use, performance timings, and error reports, including the state of the application at the time of an error. We configure these tools to limit the personal information they receive; for example, session recordings mask form fields by default. You agree to this collection as part of using the Service. How this information is handled is described in our Privacy Policy, and we may change the tools we use as the Service evolves.

SMS and text messaging terms

These terms govern the PoolStack text messaging program. By providing your mobile number and opting in on our sign-up form, you agree to receive recurring automated text messages from PoolStack at that number, in the categories you select (account and service messages and, if you opt in, marketing messages). Consent to receive marketing texts is not a condition of any purchase.

Message frequency varies. Message and data rates may apply and are your responsibility under your plan with your mobile carrier. Reply STOP to any message to cancel, and HELP for help. After you text STOP, we send one confirming message and then stop texting that number unless you opt in again.

You represent that you are the account holder or an authorized user of the mobile number you provide and that the number is accurate. Let us know if your number changes or is reassigned. Mobile carriers are not liable for delayed or undelivered messages. We may modify or discontinue the text program, in whole or in part, at any time.

For help with the text program, contact admin@poolyai.com.

Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non infringement. We do not warrant that the Service will be uninterrupted, error free, or fully secure.

Limitation of liability

To the maximum extent permitted by law, PoolStack will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenue, arising out of or relating to the Service. Our total liability arising from or related to these Terms will not exceed the greater of $100 USD or amounts you have paid us for the Service in the 12 months preceding the claim.

Indemnification

You agree to defend, indemnify, and hold harmless PoolStack from claims, damages, and expenses arising out of your violation of these Terms, your misuse of the Service, or your Customer Data.

Termination

You can stop using the Service at any time. We may suspend or terminate access to the Service at our discretion, especially in the event of material breach of these Terms or applicable law.

Governing law

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws principles. Any dispute arising under these Terms will be resolved in the state or federal courts located in Delaware.

Changes to these Terms

We may update these Terms from time to time. Material changes will be posted here with an updated date. Continued use of the Service after changes are posted constitutes acceptance.

Contact

Questions about these Terms can be sent to admin@poolyai.com.