Terms of Service

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

Availability of the Service

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

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

Eligibility

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

Account

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

Your data

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

Acceptable use

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

Payments and fees

Fees for the Service are set out in the order form or written quote agreed between you and Pooly. We will give you at least 30 days' notice before changing the fees that apply to your account, and continued use of the Service after the effective date will constitute acceptance of the updated terms.

Payment processing offered through Pooly is provided by our parent payment processor, Finix. Use of those services is subject to their own terms.

Intellectual property

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

Third party services

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

SMS and text messaging terms

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

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

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

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

Disclaimers

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

Limitation of liability

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

Indemnification

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

Termination

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

Governing law

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

Changes to these Terms

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

Contact

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