Terms of Service

Last updated: January 1, 2025

Please read these Terms of Service carefully before using Skimlog. By using our Services, you agree to be bound by these Terms.

Key Points

  • • You own your data – we just host it for you
  • • You can cancel anytime – no long-term contracts
  • • We use industry-standard security practices
  • • Disputes are resolved through arbitration

1. Acceptance of Terms

By accessing or using Skimlog's services, website, or mobile applications (collectively, the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Services. These Terms apply to all users of the Services, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content. If you are using the Services on behalf of a company, organization, or other entity, you represent and warrant that you are authorized to bind that entity to these Terms.

2. Description of Services

Skimlog provides a cloud-based pool service management platform that includes: - Route optimization and scheduling - Customer and pool management - Chemical tracking and LSI calculations - Invoicing and payment processing - Team management and GPS tracking - Email marketing and review automation - Reporting and analytics We reserve the right to modify, suspend, or discontinue any part of the Services at any time with reasonable notice to users.

3. Account Registration

To use the Services, you must create an account. When you create an account, you agree to: - Provide accurate, current, and complete information - Maintain and promptly update your account information - Maintain the security of your password and accept all risks of unauthorized access - Immediately notify us if you discover or suspect any security breaches You are responsible for all activity that occurs under your account. We reserve the right to suspend or terminate accounts that violate these Terms.

4. Subscription and Payment

**Pricing**: Our current pricing is available at skimlog.app/pricing. We reserve the right to change our pricing with 30 days' notice. **Billing**: Subscriptions are billed in advance on a monthly or annual basis depending on your selected plan. Your subscription will automatically renew unless cancelled. **Payment**: You authorize us to charge your payment method for all fees incurred. If payment fails, we may suspend your access to the Services. **Refunds**: Monthly subscriptions are non-refundable. Annual subscriptions may be refunded within 30 days of purchase if you have not extensively used the Services. **Free Trial**: We may offer a free trial period. At the end of the trial, you will be charged unless you cancel before the trial ends. **Cancellation**: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of your current billing period.

5. Your Data and Content

**Ownership**: You retain all ownership rights to the data and content you submit to the Services ("Your Content"). This includes customer information, service records, and any other data you input. **License**: By submitting Your Content, you grant Skimlog a non-exclusive, worldwide, royalty-free license to use, store, and process Your Content solely to provide the Services. **Backups**: While we maintain regular backups, you are responsible for maintaining your own backups of Your Content. We recommend regularly exporting your data. **Data Export**: You may export Your Content at any time from your account settings or by contacting support. **Data Deletion**: Upon account termination, we will delete Your Content within 90 days unless required to retain it for legal purposes.

6. Acceptable Use

You agree not to use the Services to: - Violate any applicable law, regulation, or third-party rights - Upload or transmit viruses, malware, or other malicious code - Attempt to gain unauthorized access to our systems or other users' accounts - Interfere with or disrupt the integrity or performance of the Services - Collect or harvest information about other users without their consent - Send spam or unauthorized marketing communications through the Services - Impersonate any person or entity - Use the Services for any illegal or fraudulent purpose - Resell or redistribute the Services without our written consent We reserve the right to investigate and take appropriate legal action against anyone who violates these terms.

7. Intellectual Property

**Our Intellectual Property**: The Services, including all software, design, text, images, logos, and other content provided by Skimlog, are protected by intellectual property laws and remain our exclusive property. **Limited License**: We grant you a limited, non-exclusive, non-transferable license to access and use the Services for your internal business purposes in accordance with these Terms. **Restrictions**: You may not copy, modify, distribute, sell, or lease any part of the Services or reverse engineer any of our software. **Feedback**: If you provide feedback or suggestions about the Services, we may use that feedback without any obligation to you.

8. Third-Party Services

The Services may integrate with or contain links to third-party services, including: - Payment processors (Stripe) - Mapping services (Google Maps) - Email delivery services (SendGrid) - Cloud infrastructure (AWS) Your use of third-party services is governed by their respective terms and privacy policies. We are not responsible for the practices of third-party services.

9. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that: - The Services will be uninterrupted, timely, secure, or error-free - The results from using the Services will be accurate or reliable - Any errors in the Services will be corrected Chemical calculations, dosing recommendations, and other guidance provided by the Services are for informational purposes only. You are responsible for verifying all recommendations and using your professional judgment.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SKIMLOG SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM. Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Skimlog and its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from: - Your use of the Services - Your violation of these Terms - Your violation of any third-party rights - Any content you submit through the Services

12. Termination

**By You**: You may terminate your account at any time by cancelling your subscription and contacting us to delete your account. **By Us**: We may terminate or suspend your access to the Services immediately, without prior notice, for any reason, including if you breach these Terms. **Effect of Termination**: Upon termination, your right to use the Services will immediately cease. Provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Tampa, Florida. You agree to resolve any disputes on an individual basis and waive any right to participate in class actions. Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes to Terms

We may revise these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on our website at least 30 days before the changes take effect. Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes.

15. General Provisions

**Entire Agreement**: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Skimlog regarding the Services. **Waiver**: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. **Severability**: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in effect. **Assignment**: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction. **Notices**: We may provide notices to you via email, regular mail, or postings on the Services.

16. Contact Information

If you have any questions about these Terms, please contact us: **Email**: legal@skimlog.app **Mail**: Skimlog, Inc. Attn: Legal Department Tampa, FL 33601 United States For support inquiries, please contact support@skimlog.app or visit skimlog.app/support.