Create Customer Account - ECO Smart Pool

These Terms of Service ("Terms") are between ECO SMART POOL TECHNOLOGY LLC ("Company") and the user of the Eco Smart Pool application ("User"). By registering, you agree to these Terms.

1 Platform Nature

Eco Smart Pool is a technology platform providing IoT-based pool monitoring and data analytics.
The Company does not provide direct pool maintenance, leak detection, or repair services.
All service providers ("Providers") are independent contractors.

2 IoT Device Terms

The Device belongs to the user in exchange for the installation fee.
Activation fee: $24.99–54.99 with a minimum 12-month subscription.
Early termination incurs a Device Recovery Fee of $150.
Users must not reverse engineer, resell, or tamper with the Device.

3 Subscription Plans

Silver$24.99/moMonitoring only

Gold$34.99/moMonitoring + Discounted Detection

Platinum$54.99/moMonitoring + Free Annual Detection + Priority Support

Minimum 12-month commitment; subscriptions auto-renew.
Cancellation requires advance notice; Device return obligations apply.

4 Marketplace & Escrow

Payments for services are held in escrow until service completion.
The Company assumes no liability for external (non-App) services.

5 Data & Privacy

Device and App collect operational and personal data for analytics and alerts.
Data processed per GDPR (EU), CCPA (CA), and Texas notification laws.
Account deletion may be requested in the customer panel; after we receive your request, your account and personal data are permanently erased 10 calendar days later, except where the law requires retention.

6 Liability

The Company is not liable for damages from use, errors, or service failures.
Liability Cap: Greater of $300 or fees paid in the last 6 months.

7 Dispute Resolution

All disputes resolved via AAA Arbitration. Class action and jury trial rights waived.
Exclusive venue: Montgomery County, Texas.

This Service Provider Agreement ("Agreement") is between ECO SMART POOL TECHNOLOGY LLC and the independent service provider ("Provider") who accepts by registering on the App.

1 Independent Contractor Status

Provider is an independent contractor, not an employee of the Company.
Provider is responsible for all taxes, insurance, and legal compliance.

2 Service Obligations

Provider shall respond to leak detection or repair requests via the App.
Services must meet professional standards and comply with applicable laws.
Repeated complaints may result in account suspension or termination.

3 Insurance & Background Check

Provider must maintain minimum $1,000,000 General Liability Insurance.
Provider authorizes a background check before activation.
Insurance must remain active while providing services.

4 Escrow & Payment

Payments are processed via the App's escrow system.
Funds released to Provider upon service completion.
Company takes 25% commission automatically from each service fee.

5 Data & Privacy

Provider consents to data collection related to service performance.
Confidential user info may only be used for service delivery.
Data processed per GDPR, CCPA, and Texas notification laws.

6 Liability & Indemnification

Provider is solely responsible for damages from their services.
Liability Cap: Greater of $300 or fees paid in the last 6 months.
Provider indemnifies the Company against claims from their actions.

7 Dispute Resolution

Disputes resolved via AAA Arbitration. Class action and jury rights waived.
Exclusive venue: Montgomery County, Texas.

These Payment & Escrow Terms govern all financial transactions processed through ECO SMART POOL TECHNOLOGY LLC's platform. Both Users and Providers are bound by these terms.

1 Escrow & Payout

All service payments are collected and held in escrow by the Company.
Funds are released to the Provider upon service completion.
Active disputes may temporarily hold funds.

2 Commission

Company deducts 25% commission from each service fee before Provider payout.

3 Supported Payment Methods

💳 Credit / Debit Card

Provider must maintain a valid payout account within the App.

4 Disputes & Refunds

Disputes are handled through the App support process.
Funds may be withheld during investigation.
Refunds processed per App policies; Provider payout adjusted accordingly.

5 Liability

Company is not responsible for errors or damages caused by Providers.
Liability Cap: Greater of $300 or fees paid in the last 6 months.

6 Miscellaneous

Force Majeure applies. Clickwrap acceptance is legally binding.
Severability, assignment, and entire agreement clauses included.

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