The Pool Attendant Company
Terms of Use
1. Acceptance of These Terms
By accessing our website, requesting a proposal, creating an account, or using the customer portal, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the services. If you use the services on behalf of a community, HOA, property manager, or other organization, you represent that you are authorized to bind that organization to these Terms.
2. The Services
TPAC provides pool-attendant staffing and related services, supported by a website and a secure customer portal. Through the portal, authorized community representatives can view service reports, view and pay invoices, access shared documents, review and electronically sign proposals, use live chat with on-duty attendants, and manage account settings. We may add, change, or discontinue features of the website or portal at any time.
3. Eligibility & Authority
You must be at least 18 years old and able to form a binding contract to use the services. Portal access is limited to authorized representatives of a community that has a service relationship or active proposal with TPAC. You are responsible for ensuring that the people who access the portal under your community are authorized to do so.
4. Accounts & Passwordless Sign-In
We use passwordless authentication. Rather than a password, you sign in using a one-time code or one-time sign-in link sent to your phone or email. You are responsible for:
- keeping your phone number and email address current and under your control;
- safeguarding the one-time codes and links we send — do not share them; and
- all activity that occurs under your account.
Notify us promptly if you believe your account, phone number, or email has been compromised. We may suspend access if we detect suspicious or unauthorized activity.
5. Text Message & Email Consent
By providing a mobile phone number, you consent to receive account-verification and service-related text messages from TPAC (sent through Twilio), including one-time sign-in codes.
By providing an email address, you consent to receive sign-in links, one-time codes, and service communications by email (delivered through Google Workspace / Gmail). Authentication and service messages are part of providing the services. Marketing messages, if any, can be declined without affecting your ability to use the services. See our Privacy Policy for details.
6. E-Signature & Proposals
The portal lets you review service proposals and accept them by electronic signature. By electronically signing or clicking to accept a proposal, you agree that:
- your electronic signature and acceptance are the legal equivalent of a handwritten signature and are intended to be binding;
- you consent to transact electronically and to receive the proposal and related records electronically, under the federal E-SIGN Act and applicable state law (UETA); and
- we may record the date, time, and metadata of your acceptance as evidence of the agreement.
The specific commercial terms of any signed proposal or service agreement (scope, schedule, pricing, and term) govern the services and supplement these Terms. If a signed agreement conflicts with these Terms regarding the services it covers, the signed agreement controls.
7. Invoices & Payment
Invoices for services are issued and payable as described in your service agreement. The portal displays invoices and lets you pay them online through our invoicing provider, Wave. Payment processing is subject to Wave’s terms. You are responsible for paying all amounts due by the dates shown. Late or unpaid amounts may be subject to the remedies in your service agreement and applicable law.
8. Acceptable Use
You agree not to:
- access data or accounts that are not yours, or attempt to circumvent the portal’s access controls or customer-data isolation;
- use the services to violate any law or third party’s rights;
- upload malicious code, scrape, overload, probe, or interfere with the services;
- misrepresent your identity or authority; or
- use live chat or other communication features to harass, abuse, or send unlawful content.
We may suspend or terminate access for conduct that violates these Terms.
9. Intellectual Property
The website, the portal, and their content (excluding your own data and documents) are owned by TPAC or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the services for their intended purpose. You retain rights to the information and documents you submit, and you grant us the rights needed to host, process, and use them to provide the services.
10. Third-Party Services
We rely on third-party providers — including Supabase, Twilio, Google Workspace / Gmail, Notion, Wave, ConnecTeam, and Vercel — to deliver the services. Your use of features powered by these providers may be subject to their terms. We are not responsible for the acts, omissions, or availability of third-party services outside our control.
11. Privacy
Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy also explains user-initiated account deletion and our data retention practices.
12. Termination
You may stop using the services and request deletion of your portal account at any time, as described in our Privacy Policy. We may suspend or terminate your access if you violate these Terms, if required by law, or if we discontinue the services. Provisions that by their nature should survive termination — including ownership, disclaimers, limitation of liability, indemnification, and governing law — will survive.
13. Disclaimers
The website and portal are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the services will be uninterrupted, error-free, or secure, or that reports, content, or information will always be accurate or complete. This section does not limit any warranty that cannot be excluded under applicable law, and it does not affect the service commitments in your signed service agreement.
14. Limitation of Liability
To the fullest extent permitted by law, TPAC and its owners, employees, and providers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or data, arising from your use of the website or portal.
To the fullest extent permitted by law, our total liability arising out of or relating to the website or portal will not exceed the amount you paid to TPAC for the services giving rise to the claim in the twelve (12) months before the event. Some jurisdictions do not allow certain limitations, so some of these limits may not apply to you. This section does not limit liability that cannot be limited under applicable law.
15. Indemnification
You agree to indemnify and hold harmless TPAC and its owners, employees, and providers from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your violation of these Terms, your misuse of the services, or your violation of any law or third-party right.
16. Governing Law & Disputes
These Terms are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. Except where prohibited, you and TPAC agree that the state and federal courts located in Miami-Dade County, Florida will have exclusive jurisdiction over any dispute arising from these Terms or the services, and you consent to that venue.
17. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Effective date” above and, where appropriate, provide additional notice. Your continued use of the services after an update means you accept the revised Terms.
18. Contact Us
Questions about these Terms? Contact us:
- Email: [email protected]
- Phone: (786) 833-6707
- Mail: The Pool Attendant Company, 1221 Brickell Ave, Ste 900, Miami, FL 33131