1. Agreement to these Terms
These Terms of Service (the “Terms”) are a binding end-user license agreement between you (“you,” “Customer,” or “User”) and PoolPenguin (“we,” “us,” or “PoolPenguin”) governing your access to and use of the PoolPenguin software-as-a-service platform, websites, APIs, mobile applications, and related services (collectively, the “Service”).
By creating an account, checking the acceptance box at checkout, completing payment, or otherwise using the Service, you agree to these Terms and acknowledge our Privacy Policy. If you are accepting on behalf of a company, you represent that you have authority to bind that company.
Effective date: September 25, 2026. Version: 2026-09-25.
2. License grant and ownership
Subject to these Terms and your timely payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business operations during your paid or trial subscription term.
We and our licensors retain all right, title, and interest in the Service, including software, documentation, branding, and feedback you provide. No rights are granted except as expressly stated.
- Do not reverse engineer, decompile, or attempt to extract source code except where prohibited restrictions are unlawful.
- Do not copy, modify, reseal, rent, lease, or create derivative works of the Service.
- Do not remove proprietary notices or use our marks without written permission.
- Do not use the Service to build a competing product or for benchmarking published without consent.
3. Accounts, users, and security
You are responsible for all activity under your tenant account and for ensuring that each user you invite complies with these Terms. Keep credentials confidential and notify us promptly of unauthorized access.
You represent that information you provide is accurate and that you have obtained all rights and consents needed to upload customer, employee, and business data into the Service.
4. Subscriptions, billing, renewal, and cancellation
PoolPenguin plans are sold as recurring subscriptions (typically monthly) billed through our payment processor (Stripe). Prices, included usage units, and overage rates are shown at checkout and in your account billing settings.
Unless cancelled, subscriptions renew automatically at the then-current rate for successive billing periods. You authorize us and Stripe to charge your selected payment method for recurring fees, applicable taxes, and usage overages.
You may manage payment methods and cancel through the Stripe Customer Billing Portal linked from your account billing page. Cancellation generally takes effect at the end of the then-current paid period unless otherwise stated at cancellation. Fees already charged are non-refundable except where required by law or expressly stated by us in writing.
Failed payments may place your account in a grace period and may suspend or lock access until payment succeeds. We may change prices with notice; continued use after the effective date constitutes acceptance of the new price for subsequent periods.
5. Acceptable use
You will not misuse the Service. Prohibited activities include, without limitation:
- Violating law, including privacy, spam, telemarketing, recording, or consumer-protection rules.
- Sending unlawful, harassing, or deceptive communications via email, SMS, or voice features.
- Attempting to bypass security, rate limits, or access another customer’s data.
- Uploading malware or content you do not have rights to process.
- Using the Service in a way that harms our infrastructure or other customers.
6. Your data and privacy
You retain ownership of data you submit to the Service (“Customer Data”). You grant us a worldwide license to host, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service as described in our Privacy Policy.
Our collection and use of personal information is described in the Privacy Policy (version 2026-09-26). By using the Service you acknowledge that policy.
7. QuickBooks Online and other third-party services
If you connect QuickBooks Online or other third-party services, you authorize us to access and process data from those services as needed for the features you use. You are responsible for complying with the third party’s terms and for maintaining a valid connection.
QuickBooks functionality depends on Intuit’s APIs and your Intuit account. We do not control Intuit’s availability, data accuracy, or API changes. Disconnecting QuickBooks stops new access; residual identifiers and previously imported records may remain in your PoolPenguin account until you delete them, subject to our Privacy Policy and legal retention obligations.
Intuit and QuickBooks are registered trademarks of Intuit Inc. Used with permission. PoolPenguin is not affiliated with, endorsed, or sponsored by Intuit Inc.
8. Communications, AI, and beta features
Optional features may include email, SMS, voice, recording transcription, AI categorization, and similar tools powered by subprocessors. You are responsible for lawful use of these features, including obtaining required consents for calls, texts, and marketing messages.
AI outputs may be inaccurate. You must review AI-assisted results before relying on them for accounting, compliance, or customer-facing decisions.
9. Suspension and termination
We may suspend or terminate access for non-payment, material breach, legal risk, or misuse. You may stop using the Service and cancel as described above. Upon termination, your license ends. We may retain Customer Data as described in the Privacy Policy and as required by law.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DATA LOSS WILL NOT OCCUR.
We are not a law firm, CPA firm, or payroll provider unless a specific feature expressly states otherwise. Features that integrate with Gusto, Stripe, Intuit, or similar providers are subject to those providers’ terms.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY.
EXCEPT FOR YOUR PAYMENT OBLIGATIONS OR YOUR INDEMNITY OBLIGATIONS FOR CUSTOMER DATA AND ACCEPTABLE-USE BREACHES, EACH PARTY’S TOTAL LIABILITY UNDER THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE CLAIM.
12. Indemnification
You will defend and indemnify us against claims arising from your Customer Data, your use of the Service in violation of these Terms or law, or your communications to end customers (including SMS/voice consent failures), except to the extent caused by our willful misconduct.
13. Governing law
These Terms are governed by applicable United States law. Exclusive venue for disputes that are not resolved informally will be the state or federal courts located in the United States, unless applicable law requires otherwise.
14. Changes to these Terms
We may update these Terms from time to time. The effective date and version above will change when we do. Material changes will be posted on this page and, where appropriate, noticed in-product or by email. Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree, you must stop using the Service and cancel your subscription.
15. Contact
Questions about these Terms: PoolPenguin. Email: support@poolpenguin.com.