Terms of Service
Pool Pros Marketing – Terms of Service
Effective Date: February 20, 2025
These Terms of Service (“Terms“) are a binding agreement between Pool Pros Marketing (“Pool Pros,” “we,” “us,” or “our“) and the person or entity who accesses or uses our website at poolpros.io (the “Site“) or engages our services (“Client,” “you,” or “your“).
By accessing the Site, requesting a proposal, signing an order form/statement of work (each, an “Order”), creating an account, or otherwise using any services, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Site or Services.
1) Definitions
- “Account”: any account we provision for your use of the Site or Services.
- “Client Materials”: content, data, trademarks, logos, names/likenesses, images, audio/video, scripts, credentials, documents, instructions, or other materials you supply or approve.
- “Deliverables”: content, websites, landing pages, creative assets, reports, code, copy, and other work product we create or supply while performing the Services.
- “Non‑Editable Content”: content placed on third‑party properties we do not control and cannot readily modify after publication, including press releases, paid/partner posts on non‑owned sites, guest posts on third‑party blogs we don’t administer, and directory/citation listings.
- “Services”: digital marketing services, which may include search engine optimization (SEO), paid advertising (PPC/Google Ads), social media marketing, content strategy/creation, website design/development, local SEO/Google Business Profile optimization, link building, reporting, and related consulting—all tailored to the pool industry.
If an Order conflicts with these Terms, the Order controls for that Order.
2) Eligibility & Lawful Use
You must be at least 18 and legally competent to contract. You may use the Site and Services only for lawful purposes and in compliance with these Terms and applicable law.
3) Changes to Terms
We may update these Terms by posting a revised version with a new Effective Date. Your continued use after the Effective Date constitutes acceptance. If you disagree, stop using the Services.
4) Services; No Legal Services
Pool Pros Marketing provides digital marketing services focused on the pool and swimming pool industry. We specialize in SEO, paid advertising, social media marketing, and related services designed to increase your online visibility, generate leads, and grow revenue. However, we are not a law firm and do not provide legal advice. Marketing outcomes depend on third parties (search engines, ad platforms, social networks) and factors outside our control.
We will not engage in unlawful, unethical, or deceptive practices, including black-hat SEO tactics that violate search engine guidelines. We may decline or terminate work that we reasonably believe violates law, platform terms, or our policies.
5) Orders; Scope; Changes
Services begin when we accept an Order and the initial payment is processed. Out‑of‑scope requests, accelerations, or material changes may require a written change order and additional fees. Timelines are estimates and may shift based on your responsiveness, third‑party turnaround, search engine algorithm updates, and platform rules.
6) Your Responsibilities
You agree to: (a) provide accurate information, timely approvals, and necessary access/permissions (including website access, hosting credentials, Google Business Profile access, ad account access, and a single point of contact); (b) obtain and maintain all rights and permissions for our use of Client Materials; (c) review and approve within stated timeframes; and (d) comply with all applicable laws and third‑party terms (e.g., Google, Meta, registrars, hosts).
Delays, added costs, or diminished results caused by missing information, late approvals, publishing restrictions, or failure to provide access are your responsibility.
7) Content Creation, Publication & Content Approval
7.1 Requires pre‑approval.
We will submit all Non‑Editable Content (e.g., press releases; paid/partner posts on non‑owned sites; guest posts on third party blogs we don’t control) for your review before publication.
We will submit all Non‑Editable Content (e.g., press releases; paid/partner posts on non‑owned sites; guest posts on third party blogs we don’t control) for your review before publication.
7.2 Does not require pre‑approval.
Content on properties we create/control (e.g., your website pages we manage, blog posts on your site, social media posts, Google Business Profile updates, citation/directory listings) may be drafted, edited, optimized, and published without pre‑approval unless your Order expressly requires pre‑approval of all content. If you require pre‑approval of all content, you acknowledge this may delay timelines and deliverables; we are not responsible for such delays.
Content on properties we create/control (e.g., your website pages we manage, blog posts on your site, social media posts, Google Business Profile updates, citation/directory listings) may be drafted, edited, optimized, and published without pre‑approval unless your Order expressly requires pre‑approval of all content. If you require pre‑approval of all content, you acknowledge this may delay timelines and deliverables; we are not responsible for such delays.
7.3 Approval window.
For items sent for approval, you have five (5) days from submission to approve or provide consolidated edits. If we receive no response within 5 days, we may, in our reasonable discretion, (a) proceed with publication, (b) pause publication, or (c) re‑queue the item—each of which may impact timelines and costs.
For items sent for approval, you have five (5) days from submission to approve or provide consolidated edits. If we receive no response within 5 days, we may, in our reasonable discretion, (a) proceed with publication, (b) pause publication, or (c) re‑queue the item—each of which may impact timelines and costs.
7.4 Editorial standards.
We may decline proposed language we reasonably believe is unlawful, infringing, deceptive, defamatory, or violates platform rules. You remain responsible for the factual accuracy of statements about you and your products/services.
We may decline proposed language we reasonably believe is unlawful, infringing, deceptive, defamatory, or violates platform rules. You remain responsible for the factual accuracy of statements about you and your products/services.
8) License to Client Materials
You grant us and our subcontractors a non‑exclusive, worldwide, royalty‑free, fully paid license (with rights to sublicense as needed to perform the Services) to host, reproduce, adapt, create derivative works of, publish, publicly perform/display, distribute, and otherwise use Client Materials solely to provide the Services and operate the Site. You represent and warrant that Client Materials and your instructions are accurate, lawful, and non‑infringing.
9) Use of Generative AI
Where you have not supplied sufficient original content or imagery, we may use generative AI tools (text/image/video/translation/assistive coding) to expand, transform, and draft Deliverables based on Client Materials and publicly available information.
- You consent to our use of reputable third‑party AI providers and acknowledge model outputs may require editorial review.
- We will not knowingly use AI to fabricate claims or generate misleading content.
- You are responsible for reviewing Non‑Editable Content before publication and ensuring factual accuracy and legal compliance.
- We may retain internal templates, prompts, and know‑how (our IP).
- We will not input your non‑public sensitive information into third‑party AI tools without your written authorization.
10) Ownership; Access; 30‑Day Post‑Cancellation Transfer
10.1 Client Materials. You retain ownership of Client Materials.
10.2 Deliverables license.
Subject to your full payment of all amounts due, we grant you a perpetual, non‑exclusive license to use Deliverables for your internal business purposes. We retain ownership of our pre‑existing materials, tools, templates, frameworks, code, and know‑how used to produce Deliverables and may re‑use generalized learnings.
Subject to your full payment of all amounts due, we grant you a perpetual, non‑exclusive license to use Deliverables for your internal business purposes. We retain ownership of our pre‑existing materials, tools, templates, frameworks, code, and know‑how used to produce Deliverables and may re‑use generalized learnings.
10.3 Digital assets we create and control.
If we create websites, domains, profiles, listings, landing pages, or other digital assets on your behalf, we will typically administer them during the engagement. Upon cancellation, you have thirty (30) days to request transfer of any such assets we control (including reasonable cooperation with registrars/hosts and providing available credentials). You are responsible for third‑party transfer fees and assuming ongoing costs (hosting, SSL, domain renewals, subscriptions, ad platform fees).
After the 30‑day window, we may discontinue any spend we carry (e.g., hosting, domains, subscriptions) and may archive or cancel assets still in our name. We are not liable for loss of availability, positioning, rankings, or data after that point.
11) Accounts & Security
Keep credentials confidential and restrict Account access to authorized users. You are responsible for all activity under your Account. Notify us promptly of suspected unauthorized use. We may monitor, suspend, or terminate Accounts for security or policy reasons.
12) Communications; E‑Sign; SMS Disclosure
By providing contact information, you consent to receive service, transactional, and security communications via email, phone, or SMS. You may opt‑out of marketing texts at any time by replying STOP (service/transactional messages may still be required). Message/data rates may apply.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. All other categories exclude text messaging originator opt‑in data and consent; this information will not be shared with any third parties.
Electronic signatures and records satisfy legal requirements.
13) Billing, Auto‑Renewal & Cancellation
13.1 Billing method.
All subscriptions and recurring fees are billed automatically via Stripe (credit/debit/ACH). You authorize us and Stripe to auto‑charge the payment method on file for recurring and incidental charges, taxes, and authorized pass‑through costs. You must keep a valid payment method on file.
All subscriptions and recurring fees are billed automatically via Stripe (credit/debit/ACH). You authorize us and Stripe to auto‑charge the payment method on file for recurring and incidental charges, taxes, and authorized pass‑through costs. You must keep a valid payment method on file.
13.2 Term & renewal.
Unless an Order specifies a fixed term, Services are month‑to‑month and auto‑renew until cancelled under Section 13.3. We do not require long‑term contracts, but do require a 30‑day written notice to cancel.
Unless an Order specifies a fixed term, Services are month‑to‑month and auto‑renew until cancelled under Section 13.3. We do not require long‑term contracts, but do require a 30‑day written notice to cancel.
13.3 Cancellation by you — 30‑day written notice.
You may cancel at any time by sending written notice to contact@poolpros.io. Billing will be set to cancel 30 days from the date we receive your written cancellation. Services and billing continue during the 30‑day notice period. You remain responsible for charges already incurred or authorized (e.g., ad spend, paid placements, third‑party tool fees).
You may cancel at any time by sending written notice to contact@poolpros.io. Billing will be set to cancel 30 days from the date we receive your written cancellation. Services and billing continue during the 30‑day notice period. You remain responsible for charges already incurred or authorized (e.g., ad spend, paid placements, third‑party tool fees).
13.4 Suspension/termination by us.
We may suspend or terminate Services for non‑payment, legal/policy risk, suspicious activity, or material breach. Suspension/termination does not relieve you of amounts then due.
We may suspend or terminate Services for non‑payment, legal/policy risk, suspicious activity, or material breach. Suspension/termination does not relieve you of amounts then due.
13.5 Late payments; chargebacks.
Overdue amounts may accrue the lesser of 1.5% per month or the maximum allowed by law, plus collection costs and reasonable attorneys’ fees. Chargebacks are treated as non‑payment; we may invoice you for related bank/network fees.
Overdue amounts may accrue the lesser of 1.5% per month or the maximum allowed by law, plus collection costs and reasonable attorneys’ fees. Chargebacks are treated as non‑payment; we may invoice you for related bank/network fees.
13.6 Taxes & pass‑through costs.
Fees exclude taxes, ad spend, registrar/hosting fees, third‑party tool/software fees, and other pass‑through costs unless expressly included in your Order.
Fees exclude taxes, ad spend, registrar/hosting fees, third‑party tool/software fees, and other pass‑through costs unless expressly included in your Order.
13.7 Auto‑renewal disclosures.
By starting a subscription, you authorize recurring charges until you cancel under Section 13.3. We will send a post‑purchase acknowledgment that includes pricing, renewal terms, and clear cancellation instructions (email: contact@poolpros.io).
By starting a subscription, you authorize recurring charges until you cancel under Section 13.3. We will send a post‑purchase acknowledgment that includes pricing, renewal terms, and clear cancellation instructions (email: contact@poolpros.io).
14) No Refunds
All fees are non‑refundable, including upon early cancellation or for partially used periods, except as required by law or expressly stated in an Order. No refunds at all are offered otherwise.
15) Results; Specific Disclaimers
SEO and digital marketing outcomes depend on search engine algorithms, ad platform policies, competitor actions, market conditions, and many other factors beyond our control. We do not guarantee (a) specific search engine rankings or positions, (b) a specific amount of traffic, leads, or revenue, (c) timing of indexation, ranking changes, or ad approval, or (d) continuous availability of platforms, hosting, or domains. We provide commercially reasonable efforts consistent with professional practice and industry standards.
16) Acceptable Use
You will not use the Services or instruct us to create, post, or disseminate content that is unlawful, infringing, harassing, deceptive, defamatory, or that violates privacy/publicity rights, impersonates others, or violates third‑party terms. We may refuse, remove, or modify content we reasonably believe violates this Section.
17) Confidentiality
Each party will protect the other’s Confidential Information and use it only to perform this Agreement, except where disclosure is required by law, is already public, or was independently developed without use of the other party’s Confidential Information.
18) Reviews & Publicity (Consumer Review Fairness)
Nothing in these Terms prohibits you from leaving or soliciting honest reviews or otherwise communicating about our Services to the extent protected by law, including the Consumer Review Fairness Act (15 U.S.C. § 45b). We may request your consent to use your name/logo and non‑confidential results in case studies; if you decline, we will not use them.
19) Third‑Party Platforms & Links
Your use of third‑party platforms (search engines, social networks, ad platforms, hosts, registrars) is subject to their terms and privacy policies. We are not responsible for third‑party services, outages, algorithm changes, or decisions.
20) Privacy; Data Processing
Our collection and use of personal information is described in our Privacy Policy. To the extent we process personal information on your behalf, we act as your service provider/processor and will not “sell” or “share” such information except as permitted to provide the Services. A Data Processing Addendum is available upon request.
We may retain records and operational logs after cancellation to comply with legal, tax, and audit requirements.
21) Limited Agency Authorization
Solely to perform the Services under your Order, you authorize us to act as your limited agent to communicate with platforms, publishers, hosts, registrars, and similar third parties; to create/optimize profiles, listings, and ad campaigns; and to submit content/requests on your behalf. We will not bind you to third‑party contracts or fees without your approval.
22) Warranties; Disclaimer
Client Warranties. You represent and warrant that: (a) you have full authority to enter these Terms; (b) Client Materials and your instructions are accurate and lawful; (c) you have obtained all permissions necessary for our use of Client Materials; and (d) you will comply with laws and third‑party terms.
Pool Pros Marketing Disclaimer. THE SITE, SERVICES, DELIVERABLES, AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT.
23) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL POOL PROS MARKETING OR ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, OR SUPPLIERS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR LOSS OF SEARCH ENGINE RANKINGS, EVEN IF ADVISED OF THE POSSIBILITY.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
These limits form a fundamental basis of our bargain.
24) Indemnification
You will defend, indemnify, and hold harmless Pool Pros Marketing and its affiliates, owners, officers, employees, contractors, and agents from and against any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) Client Materials or your instructions; (c) your breach of these Terms or an Order; or (d) your violation of law or third‑party rights.
25) Service Changes; Force Majeure
We may suspend or modify the Services for maintenance, security, legal, or business reasons. Neither party is liable for delays or failures caused by events beyond reasonable control (including natural disasters, war, terrorism, labor disputes, power/Internet failures, epidemics, governmental actions, or search engine algorithm changes).
26) Governing Law; Arbitration; Class Action Waiver
26.1 Governing law. These Terms are governed by the laws of the State of Florida, without regard to conflicts of law rules. The U.N. Convention on Contracts for the International Sale of Goods does not apply.
26.2 Mandatory binding arbitration. Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules (or Consumer Rules, if applicable), before a single arbitrator, seated in Tampa, Florida. Judgment on the award may be entered in any court of competent jurisdiction.
26.3 Preliminary relief. Either party may seek temporary injunctive relief in any court with jurisdiction to prevent misuse of IP or Confidential Information pending arbitration.
26.4 Class action & jury waiver. YOU AND POOL PROS MARKETING WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING, AND YOU WAIVE THE RIGHT TO A JURY TRIAL.
26.5 Opt‑out. You may opt out of arbitration/class waiver by emailing legal opt‑out notice to contact@poolpros.io within 30 days after you first agree to these Terms; otherwise, this Section applies.
27) Assignment
You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
28) Export & Sanctions
You will not use the Services in violation of U.S. export control or sanctions laws.
29) Notices
To Pool Pros Marketing: contact@poolpros.io and Physical Address: 1532 E 7th Ave, Tampa, FL 33605
To You: to your Account email or billing address. Notices are deemed given when received (or, for email, when sent if no bounceback is received).
30) Miscellaneous
These Terms (together with any Orders and the Privacy Policy) are the entire agreement and supersede all prior understandings. If any provision is held unenforceable, the remainder remains in effect and a valid term reflecting the parties’ intent will be substituted. No waiver is effective unless in writing. Headings are for convenience only. Sections that by their nature should survive (including Fees, Ownership, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Arbitration, and Post‑Cancellation Transfer) survive termination.
Contact
Questions about these Terms or the Services: contact@poolpros.io
