Subscriber Service Agreement

1.1 What Your Subscription Includes

• 24/7 on-call access to Pool Pulse for pool maintenance and repair needs
• Best-effort same-day on-site response during normal business hours (7:00 AM – 9:00 PM), subject to call volume, weather conditions, and technician availability
• Free on-site diagnosis of pool equipment issues
• Temporary fix applied on-site when possible, plus a long-term repair recommendation
• Service logging and documentation for your records

1.2 What Your Subscription Does NOT Include

• Your monthly subscription fee covers access to our service. It does not include free or unlimited service calls.
• Each service call is billed separately at the rate specified in your plan (see Section 3).
• Parts, materials, and equipment are billed separately.
• Regular weekly pool cleaning, chemical balancing, or routine maintenance are not included unless separately contracted.

1.3 Service Area

Pool Pulse provides service in Gulf Shores, Orange Beach, and Fort Morgan, Alabama. Properties outside this area may be serviced at our discretion with an additional travel fee.

2.3 Commitment Options

Upfront commitment payments are non-refundable except as described in Section 5.

2.4 Multi-Property Accounts

Multi-property and commercial accounts may be eligible for custom pricing. Contact Pool Pulse for details.

3.1 Subscription Fees

• Monthly subscriptions are billed on the same date each month via the payment method on file.
• 6-month and 12-month commitments are billed as a single upfront payment at the time of enrollment.

3.2 Service Call Fees

• Service calls are invoiced after each visit.
• Payment is due within 7 days of invoice.
• Invoices will include an itemized breakdown of labor, parts, and materials.

3.3 After-Hours Emergency Surcharge

3.4 Late Payment

• Invoices unpaid after 14 days will incur a $15 late fee.
• Invoices unpaid after 30 days may result in suspension of service until the balance is paid.
• Pool Pulse reserves the right to send unpaid balances to collections.

4.1 How to Request Service

4.2 Response Time

• Best-effort same-day on-site response during normal hours (7:00 AM – 9:00 PM), subject to call volume, weather conditions, and technician availability.
• Pulse Pro subscribers receive priority scheduling.
• After-hours calls will be assessed by phone. If an on-site visit is required, the after-hours surcharge applies.

4.3 What Happens On-Site

1. 1Free diagnosis of the issue
2. 2Temporary fix applied when possible to get your pool operational
3. 3Long-term repair recommendation provided
4. 4All work documented and logged for your records
5. 5Invoice sent after the visit with itemized charges

4.4 Subscriber Responsibilities

• Provide safe and reasonable access to pool equipment
• Ensure the pool area is accessible at the scheduled time
• Inform Pool Pulse of any known hazards, pets, or access restrictions
• Maintain a valid payment method on file

5.1 Monthly Subscriptions

• Cancel anytime with 30 days written notice.
• No refund for the current billing period.
• Service continues through the end of the paid period.

5.2 6-Month Commitment

• May be canceled after 3 months with a $50 early termination fee.
• No refund for months already elapsed.
• Refund calculated as remaining prepaid months at the commitment rate paid, minus the early termination fee, issued within 30 days of cancellation.

5.3 12-Month Commitment

• May be canceled after 6 months with a $75 early termination fee.
• Alternatively, you may request a 2-month service pause instead of canceling.
• No refund for months already elapsed.
• Refund calculated as remaining prepaid months at the commitment rate paid, minus the early termination fee, issued within 30 days of cancellation.

5.4 Cancellation by Pool Pulse

Pool Pulse reserves the right to cancel a subscription with 30 days notice for any of the following reasons:

• Repeated non-payment or late payment
• Unsafe or hostile conditions at the service location
• Subscriber conduct that puts our team at risk
• Property located outside the service area

In the event of cancellation by Pool Pulse, a prorated refund will be issued for any unused prepaid subscription time.

6.1 Workmanship

Pool Pulse stands behind its work. If a repair we performed fails within 30 days due to workmanship (not a separate issue or normal wear), we will return and correct it at no additional service call charge. Parts warranties are per the manufacturer's terms.

6.2 Limitation of Liability

• Pool Pulse is not liable for pre-existing conditions, equipment failures unrelated to our work, acts of nature, or damage caused by third parties.
• Pool Pulse’s total liability for any claim arising from our services shall not exceed the total amount paid by the Subscriber in the 12 months preceding the claim.
• Pool Pulse is not responsible for water loss, chemical imbalances, or equipment degradation that occurs between service visits.

6.3 Insurance

Pool Pulse LLC maintains general liability insurance and commercial auto insurance. Proof of insurance is available upon request.

6.4 Indemnification

Subscriber agrees to indemnify and hold harmless Pool Pulse LLC, its owner, employees, and contractors from any claims, damages, or injuries arising from hazards on the Subscriber's property, including but not limited to: unsafe structures, electrical hazards, aggressive animals, chemical exposures, or conditions the Subscriber knew about or should have known about and failed to disclose.

7.1 Access

Subscriber authorizes Pool Pulse to access the pool and equipment areas of the property for the purpose of performing requested services. If a gate code, lockbox, or key is required, the Subscriber will provide it in advance.

7.2 Photography

Pool Pulse may photograph equipment and pool conditions for diagnostic and documentation purposes. Photos will not be shared publicly without your written consent. Subscriber may opt out of photographic documentation by written request, with the understanding that this may limit Pool Pulse's ability to provide detailed service records and workmanship guarantee support.

7.3 Privacy

Subscriber contact information and property details will not be sold or shared with third parties. Information is used solely for service delivery and billing.

9.1 Entire Agreement

This Agreement constitutes the entire agreement between Pool Pulse and the Subscriber. It supersedes any prior verbal or written agreements.

9.2 Amendments

Pool Pulse may update this Agreement with 30 days written notice. Continued use of the service after the notice period constitutes acceptance of the updated terms.

9.3 Annual Price Adjustment

Subscription rates may be adjusted annually with 30 days written notice to the Subscriber. Commitment pricing is locked for the duration of the active commitment period.

9.4 Dispute Resolution

Any dispute arising from this Agreement shall first be submitted to good-faith mediation in Baldwin County, Alabama. If mediation fails to resolve the dispute within 30 days, it shall be resolved by binding arbitration in Baldwin County, Alabama, under Alabama law. Each party bears their own costs. This clause does not prevent Pool Pulse from pursuing collections for unpaid invoices through standard legal channels.

9.5 Governing Law

This Agreement shall be governed by the laws of the State of Alabama.

9.6 Electronic Acceptance

Electronic acceptance of this Agreement — including clicking “I Agree,” digital signature, or email confirmation — constitutes a valid and binding signature under Alabama's Uniform Electronic Transactions Act (UETA) and the federal E-SIGN Act.

9.7 Severability

If any provision of this Agreement is found to be unenforceable, the remaining provisions shall remain in full effect.