Terms and Conditions

These Terms and Conditions ("Terms") govern your access to and use of the PoolFu pool and spa chemistry management application ("App") provided by Cyberhost LLC, a North Carolina limited liability company operating under the brand name PoolFu ("we," "us," or "our").

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

1. Acceptance of Terms

By accessing or using PoolFu, you confirm that:

• You are at least 18 years of age
• You have the legal capacity to enter into these Terms
• You will comply with these Terms and all applicable laws

Due to the nature of pool and spa chemical handling, which involves potentially hazardous materials, the App is intended for users 18 years of age and older. We do not knowingly collect information from users under 18.

2. Account Registration

2.1 Authentication Methods

You may create an account using:

• Apple Sign-In
• Email (passwordless magic link authentication)

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

We are not liable for any loss or damage arising from your failure to protect your account information.

2.3 Account Information

When you create an account, we collect and store:

• Authentication identifier (Apple ID token or email address)
• Display name (optional)
• Pool and spa configurations and preferences
• Subscription status
• Device information for authentication purposes
• Temporary security data for abuse prevention (automatically deleted after 24 hours)

All data collection and use is governed by our Privacy Policy.

3. Subscription and Billing

3.1 Subscription Plans

PoolFu offers the following subscription options:

Homeowner Subscription

• Available as monthly or annual subscription
• 14-day free trial for new subscribers
• Unlimited pools and spas
• Splash AI assistant
• Automatic weather integration
• Full test history and trends

Pro Subscription

• Everything in Homeowner, plus:
• Customer management for service businesses
• Route optimization
• Service scheduling and tracking
• Service report generation
• Media management for service documentation

Current pricing is displayed in the App and on the App Store. All subscriptions are processed through Apple's App Store. Prices are subject to change with notice.

3.2 Free Trial

New Homeowner subscribers are eligible for a 14-day free trial. You must select the Homeowner subscription to start a trial. You will not be charged until the trial period ends.

If you do not cancel before the trial ends, your subscription will automatically convert to a paid subscription at the then-current rate.

3.3 Automatic Renewal

Subscriptions automatically renew unless canceled at least 24 hours before the end of the current billing period. Your Apple account will be charged for renewal within 24 hours prior to the end of the current period.

3.4 Cancellation

You may cancel your subscription at any time through your Apple account settings. Cancellation takes effect at the end of the current billing period. No refunds will be provided for partial subscription periods.

3.5 Refunds

All purchases are final and non-refundable except as required by law or as determined by Apple's refund policies. To request a refund, contact Apple Support directly through your Apple account.

3.6 Changes to Pricing

We reserve the right to modify subscription pricing at any time. Price changes will not affect your current subscription period but will apply upon renewal. You will be notified of price changes in advance.

4. License and Acceptable Use

4.1 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the App for your personal or business use related to pool and spa management.

4.2 Restrictions

You may not:

• Copy, modify, distribute, sell, or lease any part of the App
• Reverse engineer, decompile, or attempt to extract the source code of the App
• Remove, alter, or obscure any copyright, trademark, or proprietary rights notices
• Use the App for any illegal or unauthorized purpose
• Attempt to gain unauthorized access to any portion of the App or related systems
• Use automated systems (bots, scrapers, crawlers) to access the App
• Interfere with or disrupt the App or servers or networks connected to the App
• Upload or transmit viruses, malware, or any other malicious code
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Use Splash AI to generate content that violates any laws or third-party rights
• Redistribute or commercially exploit chemistry calculations, AI responses, or other App content
• Create derivative works based on App content without written permission

4.3 Pro Subscriber Responsibilities

If you use PoolFu Pro to manage customer data for your pool service business, you are responsible for:

• Obtaining any necessary consent from your customers before storing their personal information
• Complying with all applicable privacy laws and regulations regarding customer data
• Keeping customer information accurate and up to date
• Using customer contact information only for legitimate service-related purposes
• Protecting access to your account to prevent unauthorized access to customer data

We act as a data processor for your customer data. You remain the data controller and are responsible for how you collect and use your customers' information. If you require a Data Processing Agreement (DPA) for compliance with GDPR, CCPA, or other privacy regulations, please contact us at [email protected].

4.4 Account Suspension

We reserve the right to suspend or terminate your account if you violate these Terms or engage in conduct that we determine to be harmful to other users, us, or third parties.

5. Intellectual Property Rights

5.1 Our Content

All content in the App, including but not limited to:

• Chemistry calculation algorithms and formulas
• Software code and user interface design
• Text, graphics, logos, and images
• AI assistant responses and guidance
• The "PoolFu" name and brand
• All trademarks, service marks, and trade names

...is owned by or licensed to Cyberhost LLC and protected by United States and international copyright, trademark, and other intellectual property laws.

5.2 Trademark Notice

"PoolFu" is a trademark of Cyberhost LLC. You may not use this mark without our prior written permission.

5.3 Your Data

You retain ownership of the pool configurations, water test data, customer information, and other content you create in the App. By using the App, you grant us a license to store, process, and display this data as necessary to provide the App services.

5.4 Feedback

If you provide us with feedback, suggestions, or ideas about the App, you grant us a worldwide, royalty-free, fully sublicensable, perpetual license to use, reproduce, modify, and incorporate such feedback into the App and our marketing materials without compensation or attribution to you.

5.5 Copyright Infringement and DMCA

We respect the intellectual property rights of others and expect our users to do the same. If you believe that content available through the App infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our designated Copyright Agent with the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright interest
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and where it is located in the App
• Your address, telephone number, and email address
• A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
• A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner

DMCA notices should be sent to: [email protected] with "DMCA Notice" in the subject line.

We will respond to valid DMCA notices by removing or disabling access to the allegedly infringing material. Repeat infringers may have their accounts terminated.

6. Chemistry and Safety Disclaimers

6.1 Not Professional Advice

IMPORTANT: The App provides chemistry calculations and guidance for informational purposes only. It is not a substitute for professional pool service, water testing by certified professionals, or manufacturer guidelines.

WARNING: Pool and spa chemicals are hazardous materials that can cause serious injury, property damage, or death if mishandled. App calculations are estimates based on the data you provide and may not account for all variables in your specific situation. Never rely solely on app calculations when handling chemicals. Always verify recommendations against chemical manufacturer instructions and consult a certified pool professional if you are uncertain.

Chemistry recommendations are based on generally accepted industry standards and the information you provide. Actual chemical requirements may differ significantly based on factors including water source, environmental conditions, equipment condition, measurement accuracy, and variables the App cannot detect.

6.2 Chemical Safety

Pool and spa chemicals can be hazardous if mishandled. You are solely responsible for:

• Reading and following all chemical manufacturer instructions and safety data sheets
• Wearing appropriate personal protective equipment when handling chemicals
• Storing chemicals safely and away from children and pets
• Never mixing different chemicals together
• Ensuring adequate ventilation when adding chemicals
• Following local regulations for chemical handling and disposal

We are not responsible for any injury, property damage, or other harm resulting from chemical handling or application based on App recommendations.

6.3 Accuracy of Calculations

Chemistry calculations are only as accurate as the information you provide. You are responsible for:

• Entering accurate pool volume measurements
• Using properly calibrated test equipment
• Entering test results correctly
• Verifying calculations before adding chemicals

Always start with smaller chemical doses than recommended and retest before adding more.

6.4 AI Assistant Limitations

Splash AI provides general guidance based on your questions and pool data. AI responses are generated automatically and may contain errors. They should not be relied upon as the sole basis for chemical treatment decisions.

AI responses:

• Are generated by machine learning models that can and do make mistakes
• May not account for all variables in your specific situation
• Should be verified against manufacturer guidelines and professional advice
• Are not a substitute for professional pool service when problems persist

If you are unsure about any recommendation, consult a certified pool professional before taking action.

6.5 Use at Your Own Risk

You acknowledge that your use of the App, including chemistry calculations and AI guidance, is entirely at your own risk. We make no guarantees about the outcomes of following App recommendations.

7. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Key privacy principles:

• We collect minimal data necessary to provide the App
• We do not sell your personal information
• We do not display advertisements
• Analytics collection is optional and disabled by default
• We do not send marketing emails
• We store data both locally on your device and in the cloud as necessary for App functionality
• Pro subscriber customer data is encrypted and protected with the same security as all other data

For complete details, please review our Privacy Policy.

8. Third-Party Services

8.1 Apple Services

The App uses Apple's services for:

• Authentication (Apple Sign-In)
• In-app purchases and subscription management (StoreKit)
• App distribution (App Store)

Your use of Apple services is subject to Apple's terms and conditions. We are not responsible for any third-party services.

8.2 AI Service Providers

Splash AI is powered by third-party AI services:

• Anthropic (Claude) - See Anthropic's Acceptable Use Policy
• OpenAI - See OpenAI's Usage Policies

Your use of AI features is subject to these providers' acceptable use policies. AI responses are generated based on your queries and do not reflect our views or endorsements.

8.3 Other Service Providers

We use trusted third-party service providers for:

• Authentication infrastructure
• Cloud database storage
• Email delivery
• Weather data
• Geocoding (for Pro route features)
• Optional analytics (with your consent)

These providers process data on our behalf and are required to protect your information. Their data processing is governed by their respective privacy policies and terms of service.

9. Disclaimer of Warranties

THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WARRANTIES THAT THE APP WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CHEMISTRY CALCULATIONS OR AI RESPONSES
• WARRANTIES THAT DEFECTS WILL BE CORRECTED

We do not warrant that the App will meet your requirements or that results obtained from using the App will be accurate or reliable.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBERHOST LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM:

• Your access to or use of (or inability to access or use) the App
• Any conduct or content of any third party on the App
• Any content obtained from the App, including chemistry calculations and AI responses
• Unauthorized access, use, or alteration of your transmissions or content
• Any chemical handling, application, or exposure
• Any property damage or personal injury related to pool or spa maintenance
• Any business losses related to service operations

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

This limitation of liability applies regardless of the legal theory on which the claim is based, including breach of contract, tort (including negligence), strict liability, or any other basis.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Cyberhost LLC, its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the App, including chemistry calculations and AI guidance
• Chemical handling, application, or storage
• Your violation of any rights of another party
• Any content you submit or transmit through the App
• Your violation of any applicable laws or regulations
• Your collection, use, or handling of customer data (for Pro subscribers)

12. Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of law provisions.

12.2 Venue

Subject to the arbitration provisions below, you agree that any legal action or proceeding arising out of or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in North Carolina, and you consent to the personal jurisdiction of such courts.

12.3 Informal Resolution

Before initiating legal action, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will attempt to resolve the dispute within 30 days.

12.4 Class Action Waiver

To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. This waiver applies to court proceedings and, if the parties mutually agree to arbitration, to any arbitration proceedings.

13. Changes to Terms

We may modify these Terms at any time. When we make changes, we will update the "Effective Date" at the top of these Terms.

Your continued use of the App after changes take effect constitutes your acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the App and cancel your subscription.

14. Account Termination

14.1 Termination by You

You may terminate your account at any time by:

• Deleting your account in Settings > Account > Delete Account
• Canceling your subscription through Apple account settings
• Contacting us at [email protected] to request account deletion

Upon termination, your right to use the App will immediately cease.

14.2 Termination by Us

We reserve the right to suspend or terminate your account and access to the App for conduct that we believe:

• Violates these Terms
• Is harmful to other users, us, or third parties
• Exposes us to legal liability
• Poses a risk to the security or integrity of the App

If we terminate your account, we will notify you via the email address associated with your account. Because all billing is managed by Apple, we cannot issue refunds directly. If your account is terminated, you should cancel your subscription through your Apple account settings to prevent further charges. For refund requests related to a terminated account, please contact Apple Support directly.

14.3 Effect of Termination

Upon termination:

• Your license to use the App will immediately terminate
• We may delete your account data in accordance with our Privacy Policy
• Locally stored data on your device will remain until you delete the App
• Because billing is managed entirely by Apple, we cannot process refunds directly. You must cancel your subscription through your Apple account settings and contact Apple Support for any refund requests
• Sections of these Terms that by their nature should survive termination will survive

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Cyberhost LLC regarding the App and supersede all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the minimum extent necessary to make it valid and enforceable.

15.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights or provisions.

15.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign or transfer these Terms or our rights and obligations in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets. In such event, we will provide notice to you via the email address associated with your account or through the App.

15.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, riots, labor disputes, government actions, or internet service provider failures.

15.6 Relationship

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Cyberhost LLC.

15.7 Apple-Specific Terms

These Terms are between you and Cyberhost LLC only, not with Apple Inc. Apple is not responsible for the App or its content. Apple has no obligation to provide maintenance or support services for the App.

In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) to you. To the maximum extent permitted by law, Apple will have no other warranty obligation with respect to the App.

Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that the App fails to conform to applicable legal or regulatory requirements.

Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.

15.8 Export Compliance

You may not use or export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. You represent that you are not located in a country that is subject to a U.S. Government embargo or designated as a "terrorist supporting" country, and that you are not on any U.S. Government list of prohibited or restricted parties.

15.9 California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice: If you have a question or complaint regarding the App, please contact us at [email protected]. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

16. Contact Information

If you have any questions about these Terms, please contact us:

By using the PoolFu app, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.