Terms of Use

Last Updated: July 17, 2026

Acceptance of the Terms of Use

These Terms of Use are entered into by and between you and DUBAS DIGITAL LLC, a New Jersey limited liability company (“Company,” “we,” or “us”). The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Dubas Digital mobile application and any related services, features, content, or functionality (collectively, the “App”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the App. By accessing or using the App, or by clicking to accept or agree to these Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms of Use or the Privacy Policy, you must not access or use the App.

The App is offered and available to users who are at least 18 years of age and reside in the United States. By using the App, you represent and warrant that you meet these eligibility requirements and are legally capable of entering into a binding agreement. If you do not meet these requirements, you must not access or use the App.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when posted within the App and will apply to all access to and use of the App thereafter.

However, any changes to dispute resolution provisions will not apply to disputes for which the parties had actual notice prior to the date such changes are posted.

Your continued use of the App following the posting of revised Terms of Use constitutes your acceptance of and agreement to those changes. You are encouraged to review these Terms of Use periodically to stay informed of any updates, as they are binding on you.

Accessing the App and Account Security

We reserve the right to modify, suspend, or discontinue the App, and any service or content we provide through the App, at any time in our sole discretion without notice. We will not be liable if all or any part of the App is unavailable at any time or for any period. From time to time, we may restrict access to certain features or the entire App, including for registered users.

You are responsible for:

To access certain features of the App, you may be required to create an account and provide registration details or other information. It is a condition of your use of the App that all information you provide is accurate, current, and complete. All information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with that policy.

If you create an account or are provided with login credentials, you must treat such information as confidential and must not disclose it to any other person or entity. Your account is personal to you, and you agree not to provide any other person with access to the App using your credentials.

You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security. You are responsible for all activities that occur under your account. You should use caution when accessing your account from a shared or public device.

We reserve the right to disable or suspend any account, username, or access credentials at any time in our sole discretion, including if we believe you have violated these Terms of Use.

Intellectual Property Rights

The App and its entire contents, features, and functionality (including, but not limited to, all information, software, algorithms, recommendations, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

These Terms of Use permit you to use the App solely for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any portion of the App, except as necessary for normal use of the App in accordance with these Terms of Use.

You are permitted to:

You must not:

Except as expressly permitted, no right, title, or interest in or to the App or any content made available through the App is transferred to you. All rights not expressly granted are reserved by the Company.

If you violate these Terms of Use, your right to use the App will terminate immediately, and you must cease all use of the App and delete any copies in your possession.

For any permitted uses beyond those expressly allowed in these Terms of Use, please contact us at info@dubasdigital.com.

Trademarks

The Company name, “Dubas Digital,” “Dubas Digital LLC,” and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

All other names, logos, product and service names, designs, and slogans on the App are the trademarks of their respective owners.

Prohibited Uses

You may use the App only for lawful purposes and in accordance with these Terms of Use.

You agree not to use the App:

Additionally, you agree not to:

User Contributions

The App may allow users to input data, submit information, communicate with service providers, post reviews, or otherwise provide content or materials (collectively, “User Contributions”).

All User Contributions must comply with these Terms of Use.

Any User Contribution you submit through the App will be considered non-confidential and non-proprietary. By providing any User Contribution, you grant the Company and its affiliates, service providers, and their respective licensees, successors, and assigns a non-exclusive, worldwide, royalty-free, transferable license to use, reproduce, modify, display, distribute, and otherwise use such content for the purpose of operating, improving, and promoting the App and its services.

You represent and warrant that:

You understand and acknowledge that you are solely responsible for any User Contributions you submit, including their legality, accuracy, and appropriateness. The Company does not verify or guarantee the accuracy of any User Contributions.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions submitted by you or any other user.

Monitoring and Enforcement; Termination

We have the right to:

WITHOUT LIMITING THE FOREGOING, WE HAVE THE RIGHT TO COOPERATE FULLY WITH ANY LAW ENFORCEMENT AUTHORITIES OR COURT ORDER REQUESTING OR DIRECTING US TO DISCLOSE THE IDENTITY OR OTHER INFORMATION OF ANY USER. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY OR SUCH PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

HOWEVER, WE DO NOT UNDERTAKE TO REVIEW ALL CONTENT BEFORE IT IS SUBMITTED OR MADE AVAILABLE THROUGH THE APP AND CANNOT ENSURE PROMPT REMOVAL OF OBJECTIONABLE MATERIAL AFTER IT HAS BEEN SUBMITTED. ACCORDINGLY, WE ASSUME NO LIABILITY FOR ANY ACTION OR INACTION REGARDING USER CONTRIBUTIONS OR OTHER CONTENT PROVIDED BY ANY USER OR THIRD PARTY. WE HAVE NO LIABILITY OR RESPONSIBILITY TO ANYONE FOR PERFORMANCE OR NONPERFORMANCE OF THE ACTIVITIES DESCRIBED IN THIS SECTION.

Content Standards

These Content Standards apply to all User Contributions and use of the App. User Contributions must comply in their entirety with all applicable federal, state, local, and international laws and regulations.

Without limiting the foregoing, User Contributions must not:

Copyright Infringement

If you believe that any User Contributions or other content available through the App infringe your copyright, you may submit a notice of claimed infringement by contacting us at info@dubasdigital.com.

Your notice should include sufficient detail to allow us to identify the allegedly infringing material and your ownership rights, including:

Reliance on Information Provided Through the App

The information, recommendations, and content made available through the App are provided solely for general informational purposes. This includes, without limitation, any pool maintenance guidance, chemical usage calculations, or product recommendations generated based on user-provided data.

WE DO NOT WARRANT THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION OR RECOMMENDATIONS PROVIDED THROUGH THE APP. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS STRICTLY AT YOUR OWN RISK.

You are solely responsible for:

We disclaim all liability and responsibility arising from any reliance placed on information or recommendations provided through the App by you or any other user.

The App may include content provided by third parties, including users, retailers, service providers, and other external sources. All statements, opinions, and materials provided by third parties are solely those of the respective provider and do not necessarily reflect the views of the Company.

We are not responsible or liable to you or any third party for the accuracy, completeness, or reliability of any third-party content or materials.

Changes to the App

We may update the content available through the App from time to time, but such content is not necessarily complete or up to date. Any information, recommendations, or materials provided through the App may be out of date at any given time, and we are under no obligation to update such content.

Information About You and Your Use of the App

All information we collect through the App, including any data you input and any data generated through your use of the App, is subject to our Privacy Policy. By accessing or using the App, you acknowledge that you have read and understand the Privacy Policy and consent to all actions taken by us with respect to your information in accordance with it.

Purchases and Third-Party Transactions

The App may allow you to purchase products or services, or connect you with third-party retailers or service providers. All purchases and transactions made through the App, or resulting from your use of the App, may be subject to additional terms and conditions presented at the time of the transaction.

To the extent purchases are processed through the App, such transactions may be handled by third-party payment processors and are subject to their respective terms and policies.

The Company does not manufacture, sell, or control third-party products or services made available through the App. Any transaction between you and a third-party retailer or service provider is solely between you and that third party, and the Company is not responsible for such transactions.

Additional terms and conditions may apply to specific features or services within the App. All such additional terms are incorporated by reference into these Terms of Use.

Linking, Sharing, and Social Features

The App may allow you to share content, links, or information through social media or other communication channels. You may use these features solely as they are provided by the Company and in accordance with these Terms of Use.

You may share links to the App or its content, provided that such sharing is fair, lawful, and does not damage the Company’s reputation or suggest any form of affiliation, approval, or endorsement by the Company without our prior written consent.

Subject to the foregoing, you must not:

Any platform, service, or medium through which you share App content must comply with all applicable laws and the Content Standards set forth in these Terms of Use.

We reserve the right to disable or restrict any sharing features or access to App content at any time without notice and in our sole discretion.

Third-Party Links and Services

The App may contain links to third-party websites, products, services, or resources, including links to pool supply retailers, service providers, advertisements, or sponsored listings. These links are provided for your convenience only.

We have no control over the content, policies, or practices of any third-party websites or services and accept no responsibility for them or for any loss or damage that may arise from your use of them. The inclusion of any link or listing does not imply endorsement or approval by the Company.

If you choose to access or engage with any third-party websites, products, or services, you do so at your own risk and subject to the terms and conditions and privacy policies of such third parties.

Geographic Restrictions

The App is owned and operated by the Company, a business based in the State of New Jersey, United States. The App is intended for use only by persons located in the United States.

We make no representation that the App or any of its content is accessible or appropriate for use outside of the United States. Access to the App may not be legal for certain persons or in certain jurisdictions. If you access the App from outside the United States, you do so on your own initiative and are responsible for compliance with all applicable local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the App or any content available through the App will be free of viruses or other harmful components. You are responsible for implementing sufficient procedures and safeguards to protect your devices, data, and systems, and for ensuring the accuracy of any data you input into the App.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY VIRUSES, MALWARE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, DATA, OR OTHER PROPERTY DUE TO YOUR USE OF THE APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP.

YOUR USE OF THE APP, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE APP IS AT YOUR OWN RISK. THE APP, INCLUDING ALL CONTENT, RECOMMENDATIONS, CALCULATIONS, AND SERVICES PROVIDED THROUGH IT, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION REGARDING THE COMPLETENESS, ACCURACY, RELIABILITY, SAFETY, OR AVAILABILITY OF THE APP OR ANY CONTENT PROVIDED THROUGH IT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES THAT:

TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE APP, ANY CONTENT OR RECOMMENDATIONS PROVIDED THROUGH THE APP, OR ANY THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE (INCLUDING POOL DAMAGE), LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE APP SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU HAVE PAID TO THE COMPANY, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

THE LIMITATIONS SET FORTH ABOVE APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

THE FOREGOING LIMITATIONS WILL NOT APPLY TO LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING LIABILITY RESULTING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the App, including, but not limited to, your User Contributions, any use of the App’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.

Governing Law and Jurisdiction

All matters relating to the App and these Terms of Use, and any dispute or claim arising out of or relating thereto (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New Jersey, without giving effect to any choice or conflict of law provisions.

Any legal suit, action, or proceeding arising out of or relating to these Terms of Use or the App shall be instituted exclusively in the state courts located in Somerset County, New Jersey. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

We reserve the right to bring any action or proceeding against you for breach of these Terms of Use in your place of residence or any other relevant jurisdiction.

Arbitration

Any dispute arising out of or relating to these Terms of Use or the App shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association in accordance with its applicable rules. The arbitration shall take place in the State of New Jersey. You agree that any disputes shall be brought solely in your individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

These Terms of Use, together with our Privacy Policy and any additional terms and conditions referenced herein, constitute the sole and entire agreement between you and the Company regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, whether written or oral, relating to the App.

Your Comments and Concerns

This App is operated by:

Dubas Digital LLC
19 Hillcrest Avenue
Somerset, New Jersey 08873

All notices of copyright infringement claims should be submitted in accordance with the “Copyright Infringement” section of these Terms of Use.

All other feedback, comments, requests for technical support, and other communications relating to the App should be directed to: info@dubasdigital.com.

Partner Terms of Service

Effective Date: July 17, 2026

Introduction and Structure of These Terms

These Partner Terms of Service (“Partner Terms”) govern the relationship between DUBAS DIGITAL LLC, a New Jersey limited liability company (“Company,” “we,” or “us”), and any independent business or entity that maintains a paid commercial relationship with the Company through the Dubas Digital mobile application (the “App”) as either (a) a pool service professional listed in the App’s “Find a Pro” directory (a “Service Professional” or “Pro”), or (b) a retail store or chemical/equipment supplier with a branded presence in the App’s treatment-plan recommendations and territory features (a “Store Partner”). Service Professionals and Store Partners are each referred to individually as a “Partner” and collectively as “Partners.”

These Partner Terms are organized in three parts:

A Partner is bound by Part I together with whichever of Part II or Part III corresponds to that Partner’s role. Where a Partner holds both roles, both Part II and Part III apply to that Partner. No obligation, standard, or remedy described in Part II applies to a Store Partner, and no obligation, standard, or remedy described in Part III applies to a Service Professional, except to the extent that Partner separately holds the other role.

Part I

General Partner Terms

Applies to all Partners — Pros and Store Partners alike.

1. Scope and Relationship to the Terms of Use

Part I of these Partner Terms applies to any Partner — Service Professional or Store Partner — that maintains a paid commercial relationship with the Company through the App.

These Partner Terms supplement, and are incorporated into, the Company’s main Terms of Use (the “Terms of Use”), which govern all access to and use of the App generally. In the event of a direct conflict between these Partner Terms and the Terms of Use as applied specifically to a Partner’s commercial relationship with the Company, these Partner Terms control. In all other respects, the Terms of Use — including its provisions on account security, intellectual property, prohibited uses, disclaimers, limitation of liability, indemnification, governing law, and dispute resolution — apply fully to Partners.

Unlike consumer use of the App, which is licensed solely for personal, non-commercial use, a Partner’s use of the App is expressly commercial in nature: Partners use the App to market their business, obtain pool service business from consumers, or present branded product recommendations to consumers, as applicable to their role. By entering into a commercial relationship with the Company as a Partner, you accept and agree to be bound by these Partner Terms in addition to the Terms of Use.

Each Partner’s specific subscription tier, service territory / radius, and rate are not set by these Partner Terms — they are memorialized individually for each Partner in that Partner’s onboarding agreement and/or Schedule A, as described in Section 5 below. These Partner Terms establish the standard rules that apply to every Partner regardless of tier, territory, rate, or Partner type.

2. Service Territory

Each Partner’s commercial relationship with the Company is associated with an agreed service area, expressed as a radius (in miles) from a designated business address or territory center, within which the Partner represents it is willing and able to serve consumers referred through the App, or within which the Partner’s branded products or listing are presented to consumers (the “Service Territory”).

A Partner’s specific Service Territory radius is set out in that Partner’s onboarding agreement and/or Schedule A, as referenced in Section 5. The Company may display or associate the Partner with consumers located within the agreed Service Territory and is not obligated to do so for consumers outside of it. Additional, role-specific territory terms — including territory exclusivity for Store Partners — are set out in Part III.

3. Pricing, Billing, and Schedule A

Subscription pricing for a Partner relationship is negotiated individually on a per-Partner basis and is not a fixed public rate card. Each Partner’s agreed subscription tier, monthly or recurring rate, and Service Territory radius are memorialized in that Partner’s individual onboarding agreement and/or an accompanying Schedule A (collectively, “Schedule A”), which is incorporated by reference into these Partner Terms as to that Partner.

Unless otherwise expressly agreed in a Partner’s Schedule A, a Partner’s negotiated rate is fixed for an initial one (1) year term measured from the date the Partner relationship first became active, after which the rate becomes subject to renegotiation or adjustment on each successive one-year anniversary of that date (the “Anniversary Switch”). The Company will provide notice to the Partner in connection with any rate change taking effect at an Anniversary Switch.

Schedule A (per-Partner) memorializes, at minimum:
  • The Partner’s type (Service Professional and/or Store Partner) and assigned subscription tier, together with the associated features and obligations described in Section 4;
  • The Partner’s agreed Service Territory radius (Section 2), including whether that territory is exclusive as to chemical branding under Part III (Store Partners only); and
  • The Partner’s negotiated recurring rate and the anniversary date governing the Anniversary Switch (this Section 3).

4. Tier Obligations

The Company offers Partner relationships at different subscription tiers, which may vary in price and in the features, placement, or promotional benefits made available to the Partner. A Partner’s specific tier, and the obligations and benefits attached to it, are set out in that Partner’s Schedule A (Section 3).

Regardless of tier or Partner type, every Partner must at all times: (a) maintain accurate and current account information, including services or products offered, contact information, and Service Territory; (b) hold any licenses, insurance, or certifications required by applicable law to operate in its Service Territory; (c) comply with any role-specific obligations set out in Part II (Service Professionals) or Part III (Store Partners), as applicable; and (d) comply with the Terms of Use, these Partner Terms, and all applicable law in its dealings with consumers reached through the App.

5. Non-Payment: Grace Period and Billing Suspension

This Section 5 governs suspension for non-payment and applies to every Partner. It is separate and independent from the rating-based suspension described in Part II (Section 9), which applies only to Service Professionals and only as a consequence of a Pro’s review rating — not non-payment. A Partner may become subject to either mechanism independently of the other.

5.1 Grace period

If a recurring payment on a Partner’s account fails or otherwise is not received when due, the Partner is not suspended immediately. Instead, a fourteen (14) day grace period begins, during which the Partner’s account and any associated listing or branded presence remain fully active. The Company will notify the Partner of the payment failure and the grace period deadline by email to the email address on file for the Partner’s account.

5.2 Suspension for non-payment

If payment is not successfully received before the end of the 14-day grace period, the Company may suspend the Partner’s account, including any associated Find a Pro listing (Service Professionals) or branded product presence and territory exclusivity (Store Partners), until payment is brought current. Suspension under this Section 5 is independent of, and uses a different notice period and mechanism than, the rating-based suspension described in Part II.

5.3 Reinstatement

An account suspended under this Section 5 is reinstated upon the Company’s receipt of payment sufficient to bring the account current, subject to the Company’s standard payment-processing timelines.

6. Reserved Discretion

Independent of any other provision of these Partner Terms, the Company reserves the right, consistent with the Terms of Use, to suspend, hide, or remove a Partner’s listing or branded presence, or to suspend or terminate a Partner’s account, at any time and in the Company’s sole discretion for reasons of conduct, consumer safety, legal or regulatory compliance, or any other violation of the Terms of Use or these Partner Terms. Part II, Section 10 describes how this reserved discretion relates specifically to the Rating Standard applicable to Service Professionals.

7. Term and Termination

These Partner Terms remain in effect for as long as a Partner maintains an active or suspended commercial relationship with the Company as described in this Section. A Partner may terminate its relationship with the Company at any time by providing notice to the Company through the applicable Pro or Business portal, or by contacting the Company as set out in the Terms of Use; termination by the Partner does not entitle the Partner to a refund of amounts already paid, except as expressly provided in Part II, Section 11 (Service Professionals only).

The Company may suspend or terminate a Partner’s listing, branded presence, or account (a) for non-payment, as described in Section 5; (b) automatically, based on rating, as described in Part II, Sections 9–10 (Service Professionals only); or (c) at the Company’s discretion, as described in Section 6. Sections 5 (Non-Payment), 6 (Reserved Discretion), Part II Section 11 (Billing During Rating-Based Suspension, Service Professionals only), and any provisions of the Terms of Use that by their nature survive termination, survive termination of a Partner’s relationship under these Partner Terms.

8. Portal Acceptable Use

Each Partner’s access to its Pro portal or Business portal, as applicable, is subject to the Terms of Use provisions on Accessing the App and Account Security and Prohibited Uses, applied to that portal in the same manner as to the consumer-facing App. A Partner is responsible for all activity occurring under its portal credentials and must notify the Company immediately of any unauthorized access to or use of its portal account. The Company reserves the right to disable or suspend portal access at any time in its sole discretion, including where it believes a Partner has violated these Partner Terms or the Terms of Use.

9. Effective Date; Existing Partners

These Partner Terms take effect for a given Partner on the later of (a) the general effective date posted for these Partner Terms, or (b) the date the Partner’s commercial relationship with the Company is first activated. A Partner with an active relationship as of the general effective date is bound by these Partner Terms upon notice and continued use of the App thereafter, consistent with the “Changes to the Terms of Use” provisions of the main Terms of Use.

Business-to-business marketing materials describing MyPoolGuy to prospective Partners (including any “for Pros” or “for Partners” pages) are provided for informational purposes only and are not a substitute for these Partner Terms; where such materials and these Partner Terms differ, these Partner Terms, together with the Partner’s Schedule A, control.

10. Incorporation of the Terms of Use

Except as expressly modified by these Partner Terms, all other provisions of the Terms of Use — including, without limitation, Intellectual Property Rights, Trademarks, Monitoring and Enforcement, Content Standards, Disclaimer of Warranties, Limitation on Liability, Indemnification, Governing Law and Jurisdiction, Arbitration, and Limitation on Time to File Claims — apply in full to Partners and to these Partner Terms.

Questions regarding these Partner Terms or a Partner’s relationship with the Company may be directed to info@dubasdigital.com.

Part II

Additional Terms for Pool Service Professionals Pro-Only

Applies only to Partners with a Find a Pro directory listing. The Rating Standard, review-integrity safeguards, cure period, and rating-based suspension described in this Part II do not apply to Store Partners, who are not rated in the App.

1. Application of This Part

This Part II applies to any Partner that maintains a paid listing in the App’s “Find a Pro” directory (the “Directory”) as an independent pool service professional (“Service Professional” or “Pro”). It supplements, and is additional to, Part I of these Partner Terms, which applies to this Partner in its capacity as a Partner generally. Nothing in this Part II applies to a Partner solely in its capacity as a Store Partner under Part III.

2. Directory Listing and the Minimum Rating Standard

Service Professionals pay a recurring subscription fee to maintain a Directory listing visible to consumers using the App. Consumers who use the App may leave a rating of one to five stars, together with a written review, for a Service Professional following genuine use of that Professional’s services.

To remain listed in the Directory, a Service Professional must maintain a minimum average rating of 4.5 stars across all verified customer reviews (the “Rating Standard”). An average of exactly 4.5 stars satisfies the Rating Standard; the minimum is inclusive.

2.1 Minimum sample size

The Rating Standard is not enforced against a Service Professional until that Professional has received at least five (5) verified customer reviews. Below this threshold, the Professional’s listing remains active in the Directory regardless of the Professional’s average rating at that time.

2.2 Basis for the Rating Standard

The Rating Standard is enforced against a Service Professional’s verified review average — that is, reviews collected and safeguarded under the review-integrity protections described in Section 3. Those safeguards exist so that an average rating reflects genuine customer sentiment, which is what makes it appropriate to hold a Professional’s continued listing to this standard.

3. Review Integrity and Anti-Manipulation Safeguards

The Company has implemented, and may from time to time update, technical safeguards designed to protect the integrity of the review system that underlies the Rating Standard. These safeguards include, without limitation:

3.1 Consumer review-integrity obligation

Consistent with, and in furtherance of, the Content Standards and Prohibited Uses set out in the Terms of Use, every review submitted through the App must reflect a genuine, first-hand customer experience with the reviewed Service Professional. Attempting to manipulate a Professional’s rating in any manner — including, without limitation, by submitting or coordinating reviews across multiple accounts, devices, or identities — is prohibited and constitutes grounds for removal of the review and termination of the offending account.

A Service Professional who becomes aware of, or reasonably suspects, coordinated or fraudulent reviews affecting its listing may flag the review(s) in question for moderation review through the mechanism made available in the Pro portal. Investigation and resolution of flagged reviews through this moderation process is the Professional’s means of raising a concern about the accuracy or integrity of reviews counted toward its average rating.

4. Cure Period, Suspension, and Restoration of Listing

4.1 Cure period

If a Service Professional’s average rating falls below 4.5 stars after the Professional has received five (5) or more verified reviews, the Professional is not removed from the Directory immediately. Instead, a thirty (30) day cure period begins, during which the Professional’s listing remains fully active and visible in the Directory. The Company will notify the Professional of the cure period and its deadline both (a) by email to the email address on file for the Professional’s account, and (b) by a notice displayed within the Professional’s Pro portal.

4.2 Automatic suspension of listing

If the Professional’s average rating remains below 4.5 stars at the end of the 30-day cure period, the Professional’s listing is automatically hidden from the Directory. This suspension affects consumer-facing discovery only. It does not terminate the Professional’s account or portal access, and does not affect existing customer relationships, consumers who have already favorited the Professional, or quotes already pending with consumers at the time of suspension.

4.3 Automatic restoration

A Service Professional’s listing is automatically restored to the Directory the moment its average rating returns to 4.5 stars or higher — including where the average is restored as a result of a review being removed through the moderation process described in Section 3. No application, request, or administrator action is required to trigger restoration.

4.4 Clock reset

If a Service Professional’s average rating recovers to 4.5 stars or higher at any point during the 30-day cure period, the cure period is cleared in its entirety. A subsequent drop below 4.5 stars begins a fresh 30-day cure period. Cure periods do not accumulate, and a prior cure period is not treated as a “strike” against the Professional.

5. Billing During Rating-Based Suspension

No refund, credit, or proration is issued for the billing cycle in progress at the time a Service Professional’s listing is suspended under Section 4.2 — the Professional will have received the full 30-day cure period described in Section 4.1 and a full opportunity to cure before suspension takes effect.

Once a listing is suspended at the end of the cure period, the Professional is removed from ongoing subscription billing for as long as the listing remains suspended; the Professional is not charged for any period during which its listing is hidden from the Directory. Billing resumes together with, and at the same time as, restoration of the listing under Section 4.3.

This billing treatment applies only to suspension under the Rating Standard described in this Part II. It is distinct from, and does not modify, the non-payment grace period and suspension process described in Part I, Section 5, which governs suspension for failure to pay and follows its own 14-day notice mechanism.

6. Reserved Discretion Independent of the Rating Standard

The Rating Standard set out in Sections 2 through 5 of this Part II is one ground on which a Service Professional’s Directory listing may be suspended or removed — it is not the only ground. Independent of a Professional’s average rating, and in addition to the reserved discretion described in Part I, Section 6, the Company reserves the right, consistent with the Terms of Use, to suspend, hide, or remove a Professional’s listing, or to suspend or terminate a Professional’s account, at any time and in the Company’s sole discretion for reasons of conduct, consumer safety, legal or regulatory compliance, or any other violation of the Terms of Use or these Partner Terms.

Part III

Additional Terms for Retail Store Partners Store-Only

Applies only to Partners with a branded retail/chemical presence in the App. Store Partners are not rated in the App and are not subject to the Rating Standard, review-integrity safeguards, or rating-based suspension described in Part II.

1. Application of This Part

This Part III applies to any Partner that maintains a paid, branded retail or chemical-supply presence in the App (a “Store Partner”), including a Store Partner whose branded products appear in consumer treatment-plan recommendations generated by the App. It supplements, and is additional to, Part I of these Partner Terms, which applies to this Partner in its capacity as a Partner generally. Nothing in this Part III applies to a Partner solely in its capacity as a Service Professional under Part II.

For clarity, and as reflected in the App’s current design: Store Partners are not assigned a consumer-facing rating, are not subject to any minimum-rating standard, and have no review or rating mechanism analogous to the Rating Standard described in Part II. No provision of this Part III should be read to impose, by implication or analogy, a rating-based obligation on a Store Partner.

2. Chemical Branding: Accuracy and Representation

A Store Partner may configure, through its Business portal, a list of branded chemical or pool-care products that the App may surface to consumers within the Store Partner’s Service Territory as part of App-generated treatment-plan recommendations, including product identity, availability, and price information the Store Partner elects to provide.

A Store Partner is responsible for the accuracy of the branded product information it submits through the Business portal — including product identity, in-stock status, and pricing — for so long as that information is configured to appear in consumer treatment plans within its Service Territory. A Store Partner should keep this information reasonably current and should promptly correct or remove branding information it knows or reasonably believes to be inaccurate.

The Company does not independently verify branded product information submitted by a Store Partner and, consistent with the Terms of Use’s general disclaimers regarding third-party content and reliance on App information, disclaims responsibility for the accuracy of any Store Partner’s branded product listings.

3. Territory Exclusivity for Chemical Branding

Where a Store Partner’s Schedule A designates that Partner’s tier as including territory exclusivity for chemical branding, the Company will not present another Store Partner’s branded chemical products in consumer treatment-plan recommendations within that Store Partner’s designated Service Territory for as long as the exclusive-tier relationship remains active. Exclusivity under this Section applies only to chemical branding placement as described here; it does not, without more, restrict the Company’s other App features or the Company’s relationships with Service Professionals or other Store Partners outside the scope of chemical-branding placement.

A Store Partner’s specific exclusivity terms, if any, and the Service Territory to which they apply are set out in that Store Partner’s Schedule A (Part I, Section 3) and are subject to the general Service Territory provisions of Part I, Section 2.