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Terms and Conditions for Homeowners

HOMEOWNER TERMS OF SERVICE

Aqua Pool Cleaners, LLC

Last Updated: February 24, 2026

IMPORTANT NOTICE REGARDING ARBITRATION

THESE TERMS CONTAIN A BINDING ARBITRATION PROVISION AND A WAIVER OF CLASS ACTION RIGHTS. BY USING THE PLATFORM, YOU AGREE TO RESOLVE ALL DISPUTES WITH AQUA POOL CLEANERS, LLC THROUGH FINAL AND BINDING INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

1. AGREEMENT AND ACCEPTANCE

These Homeowner Terms of Service (“Agreement”) constitute a legally binding contract between Aqua Pool Cleaners, LLC, a Florida limited liability company (“Aqua,” “Company,” “we,” “us,” or “our”), and the individual or entity accessing or using the Aqua website, mobile application, or related services (collectively, the “Platform”) (“Homeowner,” “User,” “you,” or “your”).

By accessing or using the Platform, creating an account, or clicking “I Agree,” you acknowledge that you have read, understood, and agree to be bound by this Agreement.

If you do not agree, you must discontinue use of the Platform.

2. NATURE OF THE PLATFORM; MARKETPLACE MODEL

Aqua operates a technology-based online marketplace that connects homeowners with independent third-party pool service providers (“Cleaners”).

Aqua:

  • Does not provide pool cleaning services
  • Does not employ Cleaners
  • Does not supervise or control the manner or means of service performance
  • Is not a contractor, subcontractor, or service provider

All pool cleaning services are performed solely by independent Cleaners.

3. NO EMPLOYMENT OR AGENCY RELATIONSHIP

Cleaners are independent contractors and are not employees, agents, partners, joint venturers, or representatives of Aqua.

Aqua does not:

  • Direct how services are performed
  • Supply equipment, tools, or chemicals
  • Guarantee the quality of services
  • Guarantee licensing, certification, or insurance status

While Aqua may perform certain screening or verification measures, Aqua does not guarantee the character, conduct, licensing status, insurance coverage, or qualifications of any Cleaner and assumes no ongoing duty to monitor compliance.

You acknowledge that any services requested through the Platform are performed by independent third parties at your own risk.

4. ELIGIBILITY AND ACCOUNT RESPONSIBILITY

You must be at least eighteen (18) years of age and legally capable of entering into binding contracts.

You agree to:

  • Provide accurate and complete information
  • Maintain the security of your account credentials
  • Be responsible for all activity under your account

5. SERVICE REQUESTS; PROPERTY ACCESS; SAFETY

You agree to:

  • Provide accurate information regarding pool condition
  • Ensure safe and unobstructed access to the property
  • Secure pets
  • Disclose known hazards
  • Maintain safe premises

You are solely responsible for compliance with all applicable federal, state, and local pool safety laws and regulations.

If a Cleaner determines that conditions are unsafe, the Cleaner may decline or terminate services.

6. PAYMENTS; AUTHORIZATION; FEES

Payments are processed through third-party payment processors.

By submitting a service request, you authorize Aqua, as limited payment collection agent for Cleaners, to charge your selected payment method for all applicable Charges.

Payment through the Platform constitutes payment to the Cleaner.

Aqua may deduct Platform fees before remitting payment.

Charges are generally non-refundable once services are completed, except as required by law.

7. PRICING ADJUSTMENTS

Additional fees may apply if actual pool conditions materially differ from those represented at booking, including but not limited to:

  • Severe algae conditions
  • Excessive debris
  • Hazardous chemical imbalance
  • Equipment malfunction

8. CANCELLATION POLICY

Cancellations may be subject to fees depending on timing and Cleaner availability.

Failure to provide access may result in no-access charges.

9. ASSUMPTION OF RISK

You acknowledge that pool ownership and maintenance involve inherent risks, including but not limited to:

  • Chemical exposure
  • Slip and fall hazards
  • Electrical hazards
  • Water-related injuries
  • Drowning risks

You assume all risks associated with maintaining your property and engaging Cleaners through the Platform.

10. DISCLAIMER OF WARRANTIES

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

AQUA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, TIMELINESS, SAFETY, LEGALITY, OR SUITABILITY OF SERVICES PERFORMED BY CLEANERS.

11. NO INSURANCE PROVIDED BY AQUA

Aqua does not provide insurance coverage for services performed by Cleaners.

Cleaners are solely responsible for maintaining any required insurance coverage.

Homeowners are encouraged to verify coverage directly with the Cleaner if desired.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AQUA SHALL NOT BE LIABLE FOR ANY:

  • PERSONAL INJURY
  • DEATH
  • PROPERTY DAMAGE
  • CHEMICAL EXPOSURE
  • WATER-RELATED ACCIDENTS
  • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES

THIS LIMITATION APPLIES REGARDLESS OF LEGAL THEORY, INCLUDING NEGLIGENCE, STRICT LIABILITY, BREACH OF CONTRACT, OR OTHERWISE.

AQUA’S TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF:

  • (a) $100; OR
  • (b) THE AMOUNT YOU PAID FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE THIRTY (30) DAYS PRECEDING THE EVENT.

Nothing herein limits liability that cannot legally be limited.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Aqua and its officers, directors, employees, affiliates, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

  • Your use of the Platform
  • Unsafe property conditions
  • Your breach of this Agreement
  • Violations of law
  • Disputes between you and any Cleaner

This obligation survives termination.

14. DISPUTE RESOLUTION; ARBITRATION

Except for claims eligible for small claims court, all disputes arising out of or relating to this Agreement or the Platform shall be resolved through final and binding individual arbitration administered pursuant to the Federal Arbitration Act.

You waive:

  • The right to a jury trial
  • The right to participate in class, collective, or representative actions

Prior to initiating arbitration, the parties shall attempt good-faith informal resolution by contacting support@myaquame.com and allowing sixty (60) days for resolution.

15. ONE-YEAR LIMITATION ON CLAIMS

Any claim arising out of or relating to this Agreement or the Platform must be brought within one (1) year after the claim arises, or it shall be permanently barred.

16. ELECTRONIC CONSENT

You consent to receive communications, notices, and disclosures electronically.

You agree that electronic acceptance of this Agreement constitutes legally binding agreement.

17. FORCE MAJEURE

Aqua shall not be liable for delays or failure to perform due to events beyond its reasonable control, including natural disasters, governmental actions, power outages, internet disruptions, or public health emergencies.

18. ACCOUNT SUSPENSION AND TERMINATION

Aqua may suspend or terminate access at its sole discretion for:

  • Policy violations
  • Fraud
  • Safety concerns
  • Misuse of the Platform

19. PRIVACY

Your use of the Platform is subject to Aqua’s Privacy Policy, which is incorporated herein by reference.

20. ASSIGNMENT

Aqua may assign this Agreement without restriction.

You may not assign this Agreement without prior written consent.

21. GOVERNING LAW

Except as governed by the Federal Arbitration Act, this Agreement shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles.

22. SEVERABILITY; WAIVER; ENTIRE AGREEMENT

If any provision is deemed unenforceable, the remaining provisions shall remain in full force and effect.

Failure to enforce any provision shall not constitute waiver.

This Agreement constitutes the entire agreement between you and Aqua regarding the Platform.