PoolPay Terms of Service

Welcome to PoolPay ("PoolPay," "we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the PoolPay website, platform, and related products and services (the "Services").

By creating an account, accessing the platform, or using any PoolPay feature, you agree to be bound by these Terms.

If you do not agree, do not use PoolPay.

1. Overview of PoolPay

PoolPay provides billing, invoicing, and payment-processing tools designed for pool-service professionals and other field-service businesses. PoolPay enables you to:

• create and send invoices
• accept online payments
• automate billing reminders
• manage customers
• receive payouts through Stripe Connect

PoolPay is not a bank, money transmitter, or financial institution. All payment processing services are provided by Stripe, a PCI-DSS compliant payment processor.

2. Eligibility

To use PoolPay, you must:

• Be 18 years or older
• Operate a legitimate service business
• Provide accurate account information
• Have authority to bind your business
• Not use PoolPay for prohibited, illegal, or restricted activities

If you are a customer paying an invoice, these Terms also apply to your use of our payment interface.

3. Accounts and Security

3.1 Registration

You must create an account and provide accurate information. You agree to keep your information current and secure.

3.2 Authentication

PoolPay uses third-party authentication (e.g., Clerk) to manage login sessions. You are responsible for safeguarding your login credentials.

3.3 Unauthorized Activity

You must notify us immediately if you believe your account has been accessed without authorization. We are not responsible for losses arising from compromised credentials.

4. Payment Processing (Stripe Connect)

4.1 Relationship with Stripe

By using PoolPay, you also agree to the Stripe Connected Account Agreement and the Stripe Services Agreement. Stripe handles:

• card payments
• ACH payments
• identity verification
• payouts
• compliance checks
• chargebacks

We cannot override Stripe's compliance decisions.

4.2 Payouts

Payouts are issued by Stripe to your linked bank account. PoolPay does not hold funds and never takes custody of your revenue.

4.3 Identity Verification

Stripe may require additional documents (e.g., EIN, SSN, bank statements) to verify your business. Failure to provide this information may result in:

• suspended payouts
• account restrictions
• termination of access

5. Fees

5.1 PoolPay Platform Fee (Back Office Billing Fee)

PoolPay adds a flat service fee of $4.95 to each invoice paid through the platform ("Back Office Billing Fee"). This fee is paid by the customer and collected by PoolPay.

This fee is not a credit/debit "surcharge"; it is a platform service fee applied regardless of payment method.

5.2 Stripe Processing Fees

Stripe charges separate payment processing fees directly to the service provider ("you"). Stripe's fees vary based on:

• card type (credit/debit)
• ACH payments
• refunds
• disputes/chargebacks

You are responsible for all Stripe fees.

5.3 Optional Processing Fee (Pro Feature)

If enabled, you may add your own "Processing Fee" to invoices to offset card processing costs. You are solely responsible for ensuring this fee complies with all applicable laws and card network rules.

6. Customer Communications & SMS

6.1 Transactional SMS and Email

PoolPay sends:

• payment reminders
• invoice notifications
• security alerts
• verification codes

By using PoolPay, you authorize us to send these communications.

6.2 Consent Requirements

If you upload customer information, you represent and warrant that you have obtained all necessary consent to contact your customers via SMS and email.

6.3 SMS Terms

SMS messaging is governed by the PoolPay SMS Terms, which form part of these Terms. Message/data rates may apply.

7. Your Responsibilities

By using PoolPay, you agree NOT to:

• violate laws, regulations, or card network rules
• upload inaccurate or fraudulent customer information
• use PoolPay for high-risk or prohibited business activities
• impersonate another person or business
• engage in abusive or harassing conduct
• attempt to bypass our platform fees or Stripe fees
• use PoolPay for money transfer, payroll pooling, or unapproved pass-through payments

You are responsible for ensuring your use of the platform is lawful in your jurisdiction.

8. Customer Data & Privacy

PoolPay collects and processes information as described in our Privacy Policy, which is incorporated into these Terms by reference.

If you upload customer data, you are responsible for:

• lawful collection
• accurate representation
• customer consent
• compliance with TCPA, CAN-SPAM, and local privacy laws

You may only use customer information for legitimate business purposes.

9. Prohibited Uses

You may not use PoolPay to process payments for:

• illegal activities
• gambling
• adult content or services
• weapons or explosives
• cryptocurrency sales or money transmission
• payroll distribution to non-employees
• multi-party remittance schemes
• deceptive or abusive practices
• anything prohibited by Stripe's Restricted Business List

Violations may result in immediate account termination.

10. Chargebacks & Payment Disputes

If a customer disputes a payment:

• Stripe handles the dispute
• You (not PoolPay) are financially responsible
• Stripe may charge additional dispute fees
• You must provide evidence via your Stripe Dashboard

PoolPay does not mediate customer disputes.

11. Service Availability

We aim for high uptime but do not guarantee uninterrupted access. We may temporarily suspend or limit access for:

• maintenance
• updates
• security issues
• compliance requirements
• operational reasons

We are not responsible for losses arising from downtime.

12. Termination

We may suspend or terminate your account if:

• you violate these Terms
• you fail to pass Stripe verification
• you engage in fraudulent activity
• you misuse the platform
• you pose a risk to customers or our systems

You may close your account anytime by contacting support.

13. Disclaimers

The Services are provided "as-is" and "as available." To the fullest extent permitted by law:

• We disclaim all warranties (express or implied)
• We do not guarantee specific financial outcomes
• We are not liable for errors, outages, or third-party failures (e.g., Stripe, Twilio, email providers)

14. Limitation of Liability

To the maximum extent permitted by law:

PoolPay is not liable for:

• lost profits
• lost data
• business interruption
• indirect, incidental, or consequential damages
• disputes between you and your customers
• Stripe payment issues or chargebacks

Our total liability will not exceed the total fees paid to PoolPay in the past 12 months.

15. Indemnification

You agree to indemnify and hold harmless PoolPay, its owners, employees, and partners from all claims, losses, liabilities, and expenses arising from:

• your use of the Services
• your violation of these Terms
• your customer disputes
• your compliance failures (stripe, TCPA, etc.)
• your business operations
• your use of customer data

16. Changes to These Terms

We may update these Terms from time to time. The "Last Updated" date reflects revisions. Continued use of PoolPay constitutes acceptance of the updated Terms.

17. Governing Law

These Terms are governed by the laws of the State of Arizona, without regard to conflicts of law principles.

18. Contact Information

For questions or support:

PoolPay / FieldSpartan LLC

Email: support@poolpay.ai

Website: www.poolpay.ai