Contact

TERMS AND CONDITIONS OF USE

Pool Builder Geek (referred to as “Pool Builder Geek,” “we,” “us,” or “our”) provides an AI-powered project management platform built specifically for the swimming pool construction and renovation industry. Our Services include tools for project tracking, client visualizations, subcontractor collaboration, budgeting, scheduling, field media capture, and related features (the “Services”), accessible via https://poolbuildergeek.com/, our mobile apps, and associated tools.

Powered by the DiveIn Platform.

Your access to and use of the Services is governed by these Terms of Service (“TOS”). We may update this TOS at any time. The current version is always available on our website. By registering for an account, accessing, or using the Services, you agree to be bound by this TOS. If you do not agree, do not use the Services.

1. Acceptance of Terms

Pool Builder Geek grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the Services solely for your internal business purposes as a pool construction or renovation professional, subject to this TOS.

You represent that you are of legal age to form a binding contract (at least 18 years old, or the age of majority in your jurisdiction) and have the authority to agree to these terms on behalf of your business. The Services are not intended for users under 13.

This TOS includes binding arbitration and a class action waiver — see Section 15 below.

2. Privacy Policy

Your use of the Services is also governed by our Privacy Policy. By using the Services, you consent to our collection, use, and sharing of information as described there.

3. Proprietary Rights

  • Our Rights: The Services, including all software, AI tools, 3D visualizations, dashboards, designs, trademarks, and underlying technology (including the DiveIn Platform), are owned by Pool Builder Geek or its licensors. All rights not expressly granted are reserved. You may not copy, modify, reverse engineer, or create derivative works except as permitted.
  • Your Content: You retain ownership of the projects, designs, images, videos, client data, and other content you upload or create (“Your Content”). By uploading Your Content, you grant Pool Builder Geek a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to host, reproduce, display, distribute, and use Your Content solely to provide, improve, and promote the Services (including AI-generated visualizations and client sharing features).
  • Account Security: You are responsible for maintaining the confidentiality of your account and password. Notify us immediately of any unauthorized access.

4. User Conduct and Restrictions

You agree not to:

  • Use the Services for any illegal purpose or in violation of applicable laws.
  • Upload content that is infringing, defamatory, obscene, harmful, or violates third-party rights (including client privacy or intellectual property).
  • Reverse engineer, decompile, or attempt to extract source code or AI models from the Services.
  • Interfere with the Services or impose an unreasonable load on our infrastructure.
  • Use the Services to create competing pool industry software or scrape content.
  • Impersonate others or misrepresent affiliations.
  • Remove copyright or proprietary notices.
  • Share account access outside your authorized team or subcontractors (with proper permissions).

We may remove any of Your Content that violates these rules, at our discretion.

5. Subscriptions and Fees

Certain features require a paid subscription. Fees are as published on our pricing page and may change with notice. Payments are processed via third-party providers. You are responsible for all applicable taxes. Subscriptions auto-renew unless canceled within 30days of anniversery date . We may suspend or terminate access for non-payment.   All subscriptions are considered annual subscriptions even if being paid monthly.    Failure to fulfill your commitment will result in a collection effort at customers expense.   

6. AI-Generated Content and Visualizations

Our AI tools generate pool designs, 3D visualizations, and other outputs based on Your Content. These are provided for illustrative purposes only. We do not guarantee that AI outputs will be buildable, meet local codes, or match final construction results. You are responsible for verifying all designs with qualified professionals and complying with engineering, permitting, and safety standards.

7. Feedback

Any suggestions, ideas, or feedback you provide become our property. We may use them without compensation or credit to you.

8. Third-Party Services and Integrations

The Services may integrate with or link to third-party tools (e.g., payment processors, calendars, or supplier systems). We are not responsible for their content, terms, or privacy practices.

9. Indemnification

You agree to indemnify and hold Pool Builder Geek, its affiliates, officers, employees, and agents harmless from any claims, damages, losses, or expenses (including reasonable attorneys’ fees) arising from:

  • Your Content (including any AI-generated outputs based on it).
  • Your violation of this TOS or any law.
  • Your use of the Services.
  • Any infringement of third-party rights.

10. Disclaimer of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not guarantee uninterrupted, error-free, or secure access, nor that our AI visualizations or project tools will meet your specific construction requirements, local codes, or client expectations.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, POOL BUILDER GEEK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR CONSTRUCTION DELAYS. OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE CLAIM.

12. Suspension and Termination

We may suspend or terminate your access at any time, with or without notice, for violation of this TOS or for any other reason. Upon termination, your right to use the Services ends, but certain provisions survive.

13. Governing Law

This TOS is governed by the laws of the State of Texas, USA, without regard to conflict of laws principles.

14. Binding Arbitration and Class Action Waiver

All disputes arising out of or relating to this TOS or the Services will be resolved by final and binding arbitration under the rules of the American Arbitration Association (AAA) in Austin, Texas (or Houston, Texas, near Spring). You waive any right to a jury trial or to participate in a class action. Small claims court actions may be brought in a court of competent jurisdiction. We may seek injunctive relief in court to protect our intellectual property.

15. General Provisions

  • This TOS is the entire agreement between us.
  • We may modify the Services or TOS with notice. Continued use constitutes acceptance.
  • If any provision is invalid, the rest remains in effect.
  • You may not assign this TOS without our consent.
  • Notices will be sent to the email associated with your account.

Contact Us For questions about these Terms, contact us at support@poolbuildergeek.com or through the contact form on https://poolbuildergeek.com/.