Osmosis — Terms of Service

1. The agreement

These Terms govern your use of the Osmosis applications and services (the “Service”), operated by Osmosis LLC, an Illinois limited liability company (“Osmosis,” “we,” “us”). By creating an account or using the Service, you agree to these Terms and to the Privacy Policy. If you do not agree, do not use the Service.

2. What the Service is

Osmosis is software for pool-service companies. It holds a record of each pool and its equipment, plans and routes service work, records water chemistry and the work performed, produces proposals and invoices, and lets a company share a portion of that record with the homeowner it serves. The app works offline and synchronizes when the device regains connectivity.

Osmosis is a record-keeping and coordination tool. It does not perform pool service, and it is not a substitute for a qualified technician’s judgment. Chemical dosing guidance, diagnostic suggestions, and equipment identification are aids. The person doing the work is responsible for the work.

3. Beta status — read this one

Osmosis is currently in private beta. That means:

• The Service is under active development and may contain defects, change without notice, or be unavailable.
• Features may be added, changed, or removed.
• We may modify, suspend, or discontinue the Service, or your access to it, during the beta.
• Do not rely on the beta Service as your only system of record. Keep independent copies of business-critical information.
• Beta access may be free or discounted. Pricing for general availability will be communicated separately, and before it applies to you.

4. Accounts and eligibility

• You must be at least 18 and able to enter a binding contract. The Service is offered in the United States.
• Company accounts. A pool-service company is responsible for its account, for the users it creates, and for the data it enters. The company must ensure its users are authorized and that it has the right to enter the customer information it puts into the Service, including access codes.
• Technician users. Access is granted by the company. Technicians act on the company’s behalf.
• Homeowner users. Homeowners are invited by a participating company and may see and act on information about their own property that the company shares.
• Beta applicants. Applying does not mean you will be accepted. We select cohorts at our discretion.
• You are responsible for keeping your credentials secure and for activity under your account. Tell us promptly if you believe an account has been compromised.

5. Acceptable use

You agree not to:

• use the Service unlawfully, or to store or transmit unlawful, infringing, or harmful content;
• access data you are not authorized to access, or attempt to defeat the separation between companies;
• use another company’s or homeowner’s access codes or property information for any purpose other than performing authorized service;
• reverse engineer, scrape, or bulk-extract the Service or its catalog data;
• resell or provide the Service to third parties, other than your own authorized users and your homeowner customers;
• interfere with the operation or integrity of the Service.

We may suspend access that puts the Service or other users at risk.

6. Customer content and ownership

• Your content is yours. Photographs of a homeowner’s property, customer records, and service history belong to the pool company that created them, not to Osmosis. We hold and transport them on the company’s behalf. You grant us the permissions we need to host, process, sync, back up, and display that content in order to provide the Service, and for no other purpose.
• We do not sell your content and we do not give it to third parties for their own purposes. Our vendors are listed in the Privacy Policy.
• Osmosis owns the platform. The software, the applications, the designs, and the manufacturer-equipment catalog we build are ours and our licensors’. These Terms give you a limited, revocable, non-transferable right to use the Service. They transfer no intellectual property to you.
• The pool’s technical record persists. The equipment, plumbing, hydraulics, and service history that describe a physical pool remain a record of that pool after a company stops using Osmosis. This is deliberate: it is what lets the next technician at that property be competent instead of guessing. Your customer contact information and your own business records are handled under the Privacy Policy and the Account Deletion Policy.
• Feedback. If you send us suggestions, we may use them without restriction or obligation to you.

7. Fees and payment

• Subscription fees, if any apply to your account, are stated when you sign up or in a separate written agreement. We will tell you before a price change takes effect.
• Payments run through Stripe. Card details are entered into and held by Stripe; Osmosis does not receive or store full card numbers. Your use of the payment features is also subject to Stripe’s terms.
• A company may use the Service to invoice and collect from its own customers. Those transactions are between the company and its customer. Osmosis is not a party to them, does not set the prices, and is not responsible for the work billed.
• You are responsible for taxes on what you buy from us, other than taxes on our income.
• Fees are non-refundable except where required by law or where we say otherwise in writing.

8. No warranty

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, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that data will never be lost. We make no promise about uptime. This matters especially during the beta.

9. Limitation of liability

To the maximum extent permitted by law, Osmosis is not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, or lost data. Our total liability for all claims is limited to the greater of the amounts you paid us in the three months before the claim arose, or US$100. Some states do not allow certain limitations, so parts of this may not apply to you.

10. Termination and what happens to your data

You may stop using the Service at any time and request deletion through the Account Deletion Policy. We may suspend or terminate access for a violation of these Terms, for risk to the Service or to others, or at the end of the beta.

When access ends, your right to use the Service ends. Before you go, export or request a copy of your data; ask us and we will help. What we retain and what we delete is described in the Privacy Policy — including that the technical record of a pool persists, while personal contact details and your business records follow the deletion policy.

11. Disputes, arbitration, and governing law

Illinois law governs these Terms, without regard to conflict-of-laws rules.

Talk to us first. If something goes wrong, email support@osmosispoolapp.com and give us 30 days to resolve it. Most problems end here.

Binding arbitration. If we cannot resolve a dispute informally, you and Osmosis agree that it will be resolved by binding arbitration rather than in court, before a single arbitrator. The arbitration will be administered by the American Arbitration Association (AAA) under the AAA rules that apply to the dispute, or, if the AAA is unavailable or declines to administer it, by JAMS under the JAMS rules that apply. Neither party picks the administrator after a dispute begins — it is named here, in advance. The arbitration will be seated in Illinois, and may be conducted by documents, telephone, or video where the administrator’s rules allow.

Fees. Filing, administrative, and arbitrator fees are allocated according to the administrator’s published fee schedule for the applicable rules. We are not asking you to bear costs beyond what those rules provide.

Small claims. Either of us may instead bring a qualifying claim in small-claims court, and doing so is not a breach of this section.

You can opt out. If you do not want this arbitration agreement, email support@osmosispoolapp.com within 30 days of first accepting these Terms, with your name and account, and say you are opting out. Opting out costs you nothing and changes nothing else about your account; disputes then go to the state or federal courts located in Illinois, and both of us consent to that jurisdiction.

Severability. If any part of this section is held unenforceable, that part is severed and the rest of the section remains in effect. If the whole section is held unenforceable, disputes go to the state or federal courts located in Illinois.

12. Changes to these Terms

We may update these Terms as Osmosis changes, and will revise the “Last updated” date above. We will tell you about material changes before they take effect. If you keep using the Service after that, you accept the change; if you do not want it, stop using the Service and contact us.

13. General

These Terms, with the Privacy Policy and the Account Deletion Policy, are the whole agreement between us on this subject. If a provision is unenforceable, the rest stands. Not enforcing something once does not waive it. You may not assign these Terms without our consent; we may assign them to a successor in a merger or sale of assets.

14. Contact

Osmosis LLC · support@osmosispoolapp.com