Pool Builder Geek Terms of Service
Revised: August 20, 2026
Pool Builder Geek provides the Services pursuant to, and your use of the Services is subject to and governed by, the terms and conditions in this Terms of Service (“TOS”). Pool Builder Geek may, at its discretion, update this TOS at any time. You can access and review the most current version of this TOS at the URL for this page, by clicking on the “Terms of Service” link within the Services, or as otherwise made available by Pool Builder Geek.
PLEASE REVIEW THIS TOS CAREFULLY. BY REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TOS, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS TOS, YOU MAY NOT ACCESS OR USE THE SERVICES.
THIS TOS REQUIRES FINAL AND BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THIS TOS, OR YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THIS TOS, AND YOU AGREE THAT ANY SUCH CLAIM WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS. PLEASE REVIEW SECTION 16 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you: (a) are of legal age to form a binding contract; (b) have the right, authority, and capacity to agree to and abide by this TOS on behalf of yourself and your business; and (c) are not a person barred from using the Services under the laws of any applicable jurisdiction. THE SERVICES ARE NOT INTENDED FOR USERS UNDER THE AGE OF 18, AND SUCH USERS ARE EXPRESSLY PROHIBITED FROM SUBMITTING ANY PERSONAL DATA OR USING ANY ASPECT OF THE SERVICES, AND BY TAKING SUCH ACTIONS YOU AGREE, REPRESENT, AND WARRANT THAT YOU ARE 18 YEARS OF AGE OR OLDER.
(a) Grant. Subject to and conditioned on your compliance with this TOS, Pool Builder Geek hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license solely to access and use the Services during the applicable subscription term solely for your internal business operations as a pool construction or renovation professional. Your access to and use of the Services must further comply in all material respects with all usage guidelines posted by Pool Builder Geek.
(b) Mobile Apps. Your access to and use of any Mobile Apps is subject to and governed by this TOS. With respect to an iOS Mobile App, or any Mobile Apps downloaded by you from any other app store provider, your use of such iOS Mobile App or other app is further subject to your compliance in all material respects with the terms and conditions of the Usage Rules set forth in the iTunes App Store Terms of Service or other app store provider’s terms of service, as applicable. This TOS is between you and Pool Builder Geek only, and not with Apple Inc. (“Apple”) or any other app store provider. Apple or such other app store provider is not responsible for iOS Mobile Apps or such other Mobile Apps and the contents thereof. Apple and Apple’s (or such other app store provider and its) subsidiaries are third-party beneficiaries of this TOS with respect to iOS Mobile Apps or Mobile Apps, as applicable.
(c) Trademarks. You may not use any of Pool Builder Geek’s Marks. Pool Builder Geek claims trademark protection over all such Marks and you will not use the Marks except as expressly authorized herein. You will not remove or alter the Marks or any proprietary notices on the Services. The Marks may not be included in or as part of any registered corporate name, any other logo, or service or product name. You may not create any derivative works of the Marks or use the Marks in a manner that creates or reasonably implies an inaccurate sense of endorsement, sponsorship, or association with Pool Builder Geek. You will not otherwise use business names or logos in a manner that can mislead, confuse, or deceive any third party. All use of the Marks and all goodwill arising out of such use will inure to Pool Builder Geek’s benefit.
(a) In addition to this TOS, the Privacy Policy applies to how Pool Builder Geek may process information provided as part of the Services. You acknowledge and agree that by accessing or using the Services, Pool Builder Geek may receive certain information about you or your customers, including personal information, as set forth in the Privacy Policy, and Pool Builder Geek may collect, use, disclose, store, share, and process such personal information in accordance with such Privacy Policy.
(b) Notwithstanding the fact that you may be listed on a federal, state or other applicable “Do Not Call” list, or any current or prior election to opt in or opt out of receiving phone calls, emails, SMS or text messages, mail or other messaging from us, our agents, representatives, affiliates, anyone calling on our behalf, or our service providers regarding the Services, you expressly consent to being contacted by us, our agents, representatives, affiliates, anyone calling on our behalf, or our service providers for any and all purposes arising out of, relating to, or regarding the Services, at any telephone number you provide, or physical or electronic address you provide or at which you may be reached. You agree Pool Builder Geek may contact you in any way, including SMS messages, calls using prerecorded messages or artificial voice, and calls and messages delivered using an auto telephone dialing system or an automatic texting system. Automated messages may be played when the telephone is answered, whether by you or someone else. If an agent or representative calls, they may also leave a message on your answering machine, voice mail, or send one via SMS or text. You consent to receive SMS messages, calls, and messages (including prerecorded, artificial voice, and autodialed) or other messaging from us, our agents, representatives, affiliates, anyone calling on our behalf, or our service providers at the specific number(s) you have provided to Pool Builder Geek, or numbers Pool Builder Geek can reasonably associate with your account, with information or questions about the Service or the services or products offered by our service providers. You certify, warrant, and represent that the telephone numbers you have provided to Pool Builder Geek are your contact numbers, and that you are permitted to receive calls at each of those numbers. You agree to promptly alert Pool Builder Geek and our service providers whenever you stop using a particular telephone number. Your cellular or mobile telephone provider will charge you according to the type of plan you carry. Pool Builder Geek may listen to and record phone calls between you and Pool Builder Geek’s representatives without notice to you as permitted by applicable law, including for quality monitoring purposes.
(a) Pool Builder Geek’s Ownership. The Services provided to you hereunder are licensed, not sold, and Pool Builder Geek retains and reserves all rights not expressly granted in this TOS. You acknowledge and agree that, as between you and Pool Builder Geek, Pool Builder Geek and its licensors own all rights, title, and interest (including all intellectual property rights) in the Services and all data, content, and other materials within the Services, other than Your Content (defined below). The Services are protected by U.S. and international copyright and other intellectual property laws and treaties. You may not copy, modify, reverse engineer, or create derivative works of the Services except as expressly permitted in this TOS.
(b) Your Content. As between you and Pool Builder Geek, you retain ownership of the projects, designs, images, videos, client data, and other content that you upload to the Services (“Your Content”). By uploading Your Content, you (A) grant Pool Builder Geek and its service providers a worldwide, royalty-free, non-exclusive, sublicensable, transferable license to host, reproduce, modify, adapt, create derivative works from, publicly display, and distribute Your Content solely to provide, maintain, and improve the Services, including AI-generated visualizations and client-facing sharing features, and (B) represent and warrant that you have all rights necessary to upload Your Content to the Services, to grant the foregoing rights to Pool Builder Geek, and to use Your Content in connection with the Services without infringing any third party’s rights. You acknowledge and agree that the technical processing and transmission of data associated with the Services may require: (i) transmissions over various networks and across borders; and (ii) modifications to conform, connect, and adapt to technical requirements of networks or devices.
(c) Account Security. You may not share your account or password outside the authorized users who may be granted access in accordance with the Services’ permission settings. You are fully responsible for all activities that occur under your account. You agree to notify Pool Builder Geek immediately of any unauthorized use of your account or password or any other similar breach of security. If your account remains inactive for three months or longer, Pool Builder Geek reserves the right to suspend or terminate your account, with or without notice to you, and delete Your Content, all without liability.
(a) In your use of the Services, you will not:
(i) use, reproduce, modify, adapt, create derivative works from, sublicense, publicly perform, publicly display, distribute, sell, lease, rent, make, have made, assign, pledge, transfer, or otherwise grant rights to the Services, except as expressly permitted under this TOS;
(ii) reverse engineer, disassemble, decompile, translate, or otherwise attempt to derive trade secrets, algorithms, or the source code, architectural framework, AI models, or data records, within or associated with the Services;
(iii) interfere with or disrupt the integrity or performance of the Services, including by disrupting the ability of any other person to use or enjoy the Services;
(iv) provide use of the Services on a service bureau, rental, or managed services basis, or provide or permit other individuals or entities to create Internet “links” to the Services or “frame” or “mirror” the Services on any other server, or wireless or Internet-based device;
(v) access the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services, including any competing pool construction or renovation software;
(vi) violate any applicable local, state, provincial, federal, or international law or regulation, or use the Services for any illegal, unauthorized, or otherwise improper purpose, including to store or transmit malicious code, to store or transmit material in violation of third-party privacy rights, or to send spam or unsolicited communications;
(vii) remove or obscure any proprietary notice that appears within the Services;
(viii) impersonate any person or entity, including Pool Builder Geek personnel, or falsely state or otherwise misrepresent your affiliation with Pool Builder Geek or any other entity or person;
(ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Services;
(x) take any action that imposes an unreasonable or disproportionately heavy load on the Services or its infrastructure;
(xi) use spiders, crawlers, robots, scrapers, automated tools, or any other similar means to access the Services, or download, reproduce, or archive any substantial portion of the Services;
(xii) sign up for, negotiate a price for, use, or otherwise solicit a professional service with no intention of following through with your use of or payment for the professional service; or
(xiii) attempt to indirectly undertake any of the foregoing.
(b) You will not upload, post, email, store, transmit, or otherwise make available any content that:
(i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or otherwise objectionable;
(ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement);
(iii) infringes any patent, trademark, trade secret, copyright, or other proprietary right of any party;
(iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages, or any other form of solicitation;
(v) contains software viruses or any other code, files, or programs designed to interrupt, destroy, or limit the functionality of any software or hardware;
(vi) contains infringing, libelous, or otherwise unlawful or tortious material; or
(vii) consists of information that you know or have reason to know is false or inaccurate.
(c) Pool Builder Geek may provide business-to-customer transactional communications as part of the Service, such as project updates or client-facing visualizations. You are solely responsible for the content and legality of any communications you transmit, collect, or store through these features.
(d) We may remove any of Your Content that violates this TOS, or any of Pool Builder Geek’s policies, at our discretion.
(e) Pool Builder Geek’s failure to enforce any of these restrictions or guidelines shall not act as a waiver for any future enforcement, will not be considered a breach of this TOS by Pool Builder Geek, and does not create a private right of action for any other party.
“Subscription Fee” means the monthly or annual fee for the Subscription Services published on our website from time to time or otherwise communicated to you at the time you register for Subscription Services, which you will pay in accordance with this Section 6. Unless otherwise stated at the point of subscription, all Subscription Services are annual commitments regardless of whether you elect monthly or annual billing, and will automatically renew for successive annual terms unless you cancel at least 30 days before the applicable anniversary date. Pool Builder Geek may also offer “Optional Services” that are billed in addition to the Subscription Fee, either via flat rate, usage, or a combination of both. Electing to enable Optional Services will appear as additional line items on monthly invoices after you have agreed to the applicable terms and conditions.
Pool Builder Geek may, in its sole and absolute discretion, change its Subscription Fees at any time with notice to you. Pool Builder Geek may charge and/or retain Subscription Fees if you do not fulfill your contractual obligations under this TOS. You are responsible for all applicable taxes associated with your use of the Services, and all fees are exclusive of taxes unless stated otherwise. If your account becomes past due, Pool Builder Geek may suspend or terminate your access to the Services for non-payment, and you are responsible for the costs Pool Builder Geek incurs in collecting the past due amount, including reasonable collection fees. All payments will be made in United States dollars via (a) electronic funds transfer, (b) credit card, or (c) as otherwise required by Pool Builder Geek, per Pool Builder Geek’s instructions. Pool Builder Geek works with third-party payment processors to handle payment processing. Pool Builder Geek does not store full payment card details and is not responsible for the acts or omissions of any third-party payment processor. You can learn more about how any such processor handles your information by reviewing that processor’s privacy policy.
Our AI tools generate pool designs, 3D visualizations, renderings, and other outputs based on Your Content (collectively, “AI Outputs”). AI Outputs are provided for illustrative and planning purposes only. Pool Builder Geek does not guarantee that any AI Output is buildable, structurally sound, or compliant with applicable building codes, permitting requirements, or safety standards, or that it will match the final constructed result. You are solely responsible for independently verifying all designs and AI Outputs with qualified engineers, architects, contractors, and other professionals, and for complying with all applicable engineering, permitting, and safety requirements and laws, without relying on Pool Builder Geek or any AI Output. AI Outputs do not constitute engineering, architectural, or other professional advice, and Pool Builder Geek is not acting as your engineer, architect, or contractor by providing them.
If you elect to provide or make Feedback available to Pool Builder Geek, Pool Builder Geek shall own and be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights in your Feedback in any form and any medium (whether now known or later developed), without credit or compensation to you.
The Services may include or provide access to, or integrate with, Third Party Services, such as payment processors, calendars, supplier systems, and other third-party tools. You acknowledge that different terms of use and privacy policies may apply to your use of such Third Party Services, and that those terms and policies are solely between you and the applicable third party. You agree that Pool Builder Geek does not endorse and is not responsible or liable for any issues related to Third Party Services.
You may have the option through your use of the Services to activate credit card surcharging. While Pool Builder Geek utilizes a third-party engine designed to support a merchant’s compliance with state regulations and payment network rules regarding surcharging, Pool Builder Geek is not responsible for ensuring that your use of any surcharging functionality offered as part of the Services complies with all applicable laws, regulations, and rules. If you choose to activate credit card surcharging, you remain solely responsible for ensuring that your use complies with all applicable laws, regulations, and payment network requirements in the jurisdictions where you operate, and Pool Builder Geek disclaims all responsibility and liability for your use of the surcharging feature. You acknowledge that Pool Builder Geek and the provider of the third-party engine are not law firms and are not providing legal or other professional advice. You should consult with legal professionals for advice regarding your specific use of the surcharging feature.
You shall indemnify and hold Pool Builder Geek Parties harmless from and against all losses, damages, costs, liabilities, and expenses, including reasonable attorneys’ fees, to the extent resulting from or arising out of any third-party claim, demand, or action due to: (a) Your Content, including any AI Outputs generated based on it; (b) your violation of this TOS, any law, regulation, or payment network rule (including, without limitation, any law, regulation or payment network rule governing surcharging or similar fees), or any rights (including intellectual property rights) of another party; (c) your use of the Services, except as expressly permitted in this TOS; (d) your interactions with any other user; or (e) the request for, receipt of, offer for, or provision of professional services by you, including any construction, design, or renovation work performed that relates to Your Content or any AI Output, and including but not limited to any injuries, losses, or damages of any kind arising in connection with such professional services.
(a) YOUR USE OF THE SERVICES AND ANY PROFESSIONAL SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING ALL AI OUTPUTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, POOL BUILDER GEEK PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
(b) WITHOUT LIMITING THE FOREGOING, POOL BUILDER GEEK PARTIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT: (I) THE SERVICES OR ANY PROFESSIONAL SERVICES WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE, OR ERROR-FREE; (III) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, CURRENT, OR COMPLETE; OR (IV) ANY AI OUTPUT WILL BE BUILDABLE, STRUCTURALLY SOUND, OR COMPLIANT WITH APPLICABLE BUILDING CODES, PERMITTING REQUIREMENTS, OR SAFETY STANDARDS, OR WILL MATCH THE FINAL CONSTRUCTED RESULT, AS FURTHER DESCRIBED IN SECTION 7 ABOVE.
(c) POOL BUILDER GEEK MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO SERVICES OFFERED BY THIRD-PARTY SERVICE PROVIDERS OR PROFESSIONAL SERVICE PROVIDERS, AND POOL BUILDER GEEK SPECIFICALLY DISCLAIMS ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF SUCH SERVICES AND THE CONDUCT OF ANY THIRD-PARTY SERVICE PROVIDER OR PROFESSIONAL SERVICE PROVIDER.
(d) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING ALL AI OUTPUTS, IS MADE AVAILABLE FOR INFORMATIONAL AND PLANNING PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL CONTENT BEFORE TAKING OR OMITTING ANY ACTION, INCLUDING ANY CONSTRUCTION OR RENOVATION DECISION.
(e) THIS DISCLAIMER OF WARRANTY MAY NOT BE VALID IN SOME JURISDICTIONS, AND YOU MAY HAVE WARRANTY RIGHTS UNDER LAW WHICH MAY NOT BE WAIVED OR DISCLAIMED. ANY SUCH WARRANTY EXTENDS ONLY FOR THIRTY (30) DAYS FROM THE EFFECTIVE DATE OF THIS AGREEMENT, UNLESS SUCH LAW PROVIDES OTHERWISE.
(a) YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES AND CONTENT, INCLUDING ANY AI OUTPUT, YOUR OFFERING OR PROVIDING PROFESSIONAL SERVICES OR REQUESTING OR RECEIVING PROFESSIONAL SERVICES THROUGH THE SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF POOL BUILDER GEEK OR THIRD PARTIES, WHETHER IN PERSON OR ONLINE, REMAINS WITH YOU. POOL BUILDER GEEK PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, LOSS OF DATA OR GOODWILL, COST OF COVER, CONSTRUCTION DELAYS, OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF POOL BUILDER GEEK PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL POOL BUILDER GEEK PARTIES’ TOTAL LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATING TO THIS TOS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES, PROFESSIONAL SERVICES, OR CONTENT EXCEED THE AMOUNT PAID BY YOU TO POOL BUILDER GEEK FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM(S) AROSE.
(b) THE FOREGOING LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. INSOFAR AS APPLICABLE LAW PROHIBITS ANY LIMITATION ON LIABILITY HEREIN, THE PARTIES AGREE THAT SUCH LIMITATION WILL BE AUTOMATICALLY MODIFIED, BUT ONLY TO THE EXTENT NECESSARY TO MAKE THE LIMITATION COMPLIANT WITH APPLICABLE LAW. THE PARTIES AGREE THAT THE LIMITATIONS ON LIABILITY SET FORTH HEREIN ARE AGREED ALLOCATIONS OF RISK AND WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
(a) Pool Builder Geek may terminate this TOS at any time.
(b) If you violate this TOS, Pool Builder Geek may, with or without notice to you, immediately suspend or terminate your access and use of the Services.
(c) Pool Builder Geek reserves the right at any time to modify, suspend, or discontinue the Services (or any portion thereof) with or without notice, and shall not be liable to you or any third party for any such modification or discontinuance.
(d) Upon termination of this TOS for any reason: (i) Pool Builder Geek, in its sole discretion, may remove and discard Your Content and information; (ii) you will immediately cease your use of the Services; and (iii) any provision that, by its terms, is intended to survive expiration or termination of this TOS shall survive. Pool Builder Geek shall not be liable to you or any third party for any termination of your account or access to the Services.
This TOS shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws, and the laws of the State of Texas, without regard to conflict of laws principles. The parties agree that neither the United Nations Convention on Contracts for the International Sale of Goods, nor the Uniform Computer Information Transaction Act (UCITA), shall apply to this TOS, regardless of the states in which the parties do business or are incorporated.
(a) ALL CLAIMS ARISING IN CONNECTION WITH THIS TOS SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THIS TOS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b) The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules, available at http://www.adr.org/. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Austin, Texas, or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties, as determined by the arbitrator. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) WE EACH AGREE THAT ALL CLAIMS SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR OTHER SIMILAR PROCESS (INCLUDING ARBITRATION). IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN AUSTIN, TEXAS. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON CONVENIENS, OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d) Notwithstanding anything to the contrary, you and Pool Builder Geek may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect intellectual property rights, whether in aid of, pending, or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section 16.
(e) If Pool Builder Geek implements any material change to this Section 16, such change shall not apply to any claim for which you provided written notice to Pool Builder Geek before the change was implemented.
You represent and warrant that you will comply with all applicable foreign, federal, state, and local laws, rules, and regulations, as well as all rules and regulations of any payment networks, including U.S. export laws and the import and use laws of the country where the Services are accessed or used, and that you are not: (a) located in a country that is subject to a U.S. Government embargo, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including the Specially Designated Nationals List.
This section applies to access to or use of the Services by a branch or agency of the United States Government. The Services include “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualify as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in this TOS with respect to such items, and any access to or use of the Services by the United States Government constitutes: (i) agreement that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
If you believe that your work has been made available through the Services in a way that constitutes copyright infringement, please provide Pool Builder Geek’s Agent for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Services; (d) your address, telephone number, and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please contact Pool Builder Geek’s Agent for Notice of Copyright Claims, reachable as follows:
Agent for Notice of Copyright Claims:
The Law Office of Jack Nelson
1410 Gaston Ave; Austin, TX 78703
Email: copyright@getskimmer.com
In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting such unit in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
This TOS constitutes the entire agreement between you and Pool Builder Geek concerning your access to and use of the Services. It supersedes all prior and contemporaneous oral or written negotiations and agreements between you and Pool Builder Geek with respect to such subject matter. In the event of any conflict between this TOS and any end user license agreement, privacy policy, or usage guidelines to which this TOS refers, the terms of this TOS shall take precedence and govern. This TOS may not be amended by you except in a writing executed by you and an authorized representative of Pool Builder Geek. Except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this TOS. For purposes of this TOS, the words “such as,” “include,” “includes,” and “including” shall be deemed to be followed by the words “without limitation.” You may not assign or delegate any right or obligation under this TOS without the prior written consent of Pool Builder Geek. The failure of Pool Builder Geek to exercise or enforce any right or provision of this TOS shall not constitute a waiver of such right or provision. If any provision of this TOS is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified, or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without affecting the remaining parts of this TOS. Any prevention of or delay in performance by Pool Builder Geek due to labor disputes, acts of god, failure of the Internet, governmental restrictions, enemy or hostile governmental action, fire or other casualty, or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay.
When used in this TOS, the following defined terms shall have the following meanings:
“AI Output” has the meaning set forth in Section 7.
“Feedback” means any suggestions, comments, ideas, improvements, or other feedback relating to the Services.
“iOS Mobile App” means any Mobile App that is downloaded from the iTunes App Store.
“Marks” means “Pool Builder Geek” or any names, brands, trademarks, service marks, and logos that Pool Builder Geek makes available on the Services.
“Mobile Apps” means mobile software applications, which Pool Builder Geek may make available for access to and use of certain components of the Services.
“Pool Builder Geek” means Skimmer, LLC, d/b/a Pool Builder Geek.
“Pool Builder Geek Parties” means, collectively, Pool Builder Geek and its affiliates, and each of their officers, directors, employees, agents, partners, and licensors.
“Privacy Policy” means Pool Builder Geek’s privacy policy, which can be found at https://poolbuildergeek.com/privacy-policy.
“Services” means, collectively, the software as a service offering branded as Pool Builder Geek, and all technology-enabled services, including the website at https://poolbuildergeek.com, any Mobile Apps, and other related software, content, and services, including all versions and upgrades related thereto, offered by Pool Builder Geek.
“Subscription Services” means certain portions of the Services which require a payment of fees for access and use.
“Third Party Services” means professional service providers, third-party products, services, content, or offerings, including advertising for such.
“Your Content” has the meaning set forth in Section 4(b).
Stripe Services Addendum
Revised: August 20, 2026
This Stripe Services Addendum (“Stripe Addendum”) is entered into between Skimmer, LLC d/b/a Pool Builder Geek (“Pool Builder Geek”) and you (“you”). The Stripe Addendum supplements the Terms of Service (“TOS”) and Privacy Policy (“Privacy Policy”) and is subject to the definitions, terms, and conditions set forth in the TOS. Should there be any conflict between the TOS and the Stripe Addendum, the Stripe Addendum will control with respect to the Stripe Services described below.
By entering into this Stripe Addendum, you will be allowed to access, through the Pool Builder Geek website or app, the payment processing platform known as Stripe Connect, provided by Stripe, Inc. (“Stripe”), so that you may accept payment cards and other electronic payments as may be supported by Stripe from time to time (“Stripe Services”). Before using Stripe’s Services, you must enter into a separate contract with Stripe, sometimes referred to as the Stripe Services Agreement or the Stripe Connected Account Agreement. The terms of that contract are available on Stripe’s website at https://stripe.com/legal/connect-account.
You agree to pay Pool Builder Geek the processing fees for facilitating access to the Stripe Services as set forth in your Pool Builder Geek account. These fees are subject to the same terms and conditions set forth in Section 6 of the TOS, including as it pertains to changes, and may be deducted from funds that would otherwise be settled to your account or added to your monthly invoices. None of the fees charged by Pool Builder Geek for facilitating your access to the Stripe Services excuse your payment of any other fees you have agreed to pay Pool Builder Geek. You must pay Pool Builder Geek directly for any liabilities associated with your payment processing activity, including chargebacks, refunds, or any assessments or fees imposed by Stripe or any applicable third party. Should Stripe collect from Pool Builder Geek any liability associated with your processing activity, whether at Stripe’s option or because you failed or refused to pay Stripe, you agree unconditionally to indemnify and make Pool Builder Geek whole for any amounts Pool Builder Geek paid to Stripe arising out of or related to your payment processing activity, even if you contend that the amount is incorrect, disputed, or otherwise not due and payable to Stripe. If you have granted Pool Builder Geek or Stripe access to any of your bank accounts, you authorize Pool Builder Geek to debit the account for any amounts Pool Builder Geek paid Stripe on your behalf or related to your processing activity. We reserve the right to change the processing fees at any time and will provide you with at least thirty (30) days’ notice by email or in your Pool Builder Geek account. If you continue to use Pool Builder Geek to process payments after that thirty (30) day period, you are deemed to have accepted the change in processing fees.
You agree to provide Pool Builder Geek with accurate and complete information about you and your account. Without limiting the authorizations contained in the Privacy Policy, you authorize Pool Builder Geek to: (a) share your information with Stripe; and (b) access all information flowing through your account on Pool Builder Geek’s systems, including information flowing through your Stripe account that you set up through Pool Builder Geek, for any legal purpose consistent with the TOS or your use of the payment processing services provided by Stripe.
You agree to comply, and to cause any third party with access to cardholder data to comply, with all applicable laws, regulations, and rules in connection with using Pool Builder Geek, including the Payment Card Industry Data Security Standards (“PCI-DSS”). You are solely responsible for any liability related to your use or handling of cardholder data.
Even though your access to Stripe Services is through Pool Builder Geek’s systems, Pool Builder Geek does not control Stripe’s technology or systems. Stripe is solely responsible for providing the Stripe Services through its own platform. WITHOUT LIMITING ANY OTHER DISCLAIMERS OR LIABILITY LIMITATIONS CONTAINED IN THE TOS, YOU AGREE THAT UNDER NO CIRCUMSTANCES WILL POOL BUILDER GEEK HAVE ANY LIABILITY TO YOU WHATSOEVER FOR ANY SERVICE OUTAGES, ERRORS, OMISSIONS, IRREGULARITIES, DISPUTES, CLAIMS, OR PROBLEMS OF ANY KIND OR NATURE THAT YOU MAY EXPERIENCE WITH THE STRIPE SERVICES. POOL BUILDER GEEK DOES NOT MAKE ANY WARRANTIES WHATSOEVER ABOUT STRIPE OR THE STRIPE SERVICES. Pool Builder Geek’s promises in the TOS to provide Services will not extend to the Stripe Services. Likewise, Stripe does not control Pool Builder Geek’s service offerings, platform, or technology, and you agree that Stripe is not responsible for any issues arising solely out of your use of Pool Builder Geek’s systems or Services, separate from the Stripe Services.
This Stripe Addendum is subject to the provisions of Section 14 of the TOS regarding term and termination. In addition, you agree that if Pool Builder Geek ceases to do business with Stripe for any reason, you will cooperate with Pool Builder Geek in the transition of your merchant processing account to another processor of Pool Builder Geek’s reasonable election, and you authorize Pool Builder Geek to take the steps necessary to facilitate migration of your processing account to that processor. To the extent necessary to effect that migration, you appoint Pool Builder Geek as your agent and attorney-in-fact for the limited purpose of executing agreements related to the migration on your behalf.
