Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Cadenza mobile application, web admin portal, and related services (collectively, the "Service") operated by Cadenza ("we", "our", or "us"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization. By using the Service, you represent and warrant that you meet these requirements. The Service is intended for business use by pool service professionals and companies.

2.1 Registration

To access the Service, you must create an account by providing accurate, current, and complete information. You are responsible for keeping your account credentials confidential and for all activity that occurs under your account.

2.2 Company accounts

A company owner may invite technicians and administrators to join their workspace. The owner is responsible for ensuring all users within their workspace comply with these Terms. Each company's data is isolated and only accessible to users within that company.

2.3 Account security

You agree to notify us immediately at info@cadenzaops.com if you become aware of any unauthorized use of your account or any other security breach. We are not liable for any loss resulting from unauthorized use of your account.

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful, fraudulent, or malicious purpose.
• Upload or transmit any content that is infringing, defamatory, obscene, or otherwise objectionable.
• Attempt to gain unauthorized access to any part of the Service, other accounts, or our infrastructure.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service.
• Scrape, crawl, or use automated tools to extract data from the Service without our prior written consent.
• Use the Service in a way that could damage, disable, overburden, or impair our systems.
• Introduce malware, viruses, or any other malicious code.
• Resell, sublicense, or otherwise commercialize the Service without our express written permission.
• Use the Service to store or transmit personally identifiable information in violation of applicable privacy laws.

4.1 Ownership

You retain ownership of all data, photos, service reports, and other content you submit to the Service ("Your Content"). By submitting Your Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to store, process, and display Your Content solely as necessary to provide the Service to you.

4.2 Responsibility

You are solely responsible for Your Content and the consequences of submitting it. You represent and warrant that you have all necessary rights to submit Your Content and that it does not violate any third-party rights or applicable laws.

4.3 Data accuracy

You are responsible for the accuracy of chemical readings, equipment data, and other service information you enter into the Service. Cadenza does not verify the accuracy of data you submit and is not liable for decisions made based on inaccurate data.

Cadenza respects intellectual property rights and expects users to do the same. The Service allows you and other users in your company to upload photos and other files (collectively, "User Uploads") as part of pool service operations. We respond to notices of alleged copyright infringement in accordance with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

5.1 Designated copyright agent

To notify us of claimed copyright infringement, contact our designated copyright agent:

• Email: info@cadenzaops.com
• Subject line: DMCA Takedown Notice

Our designated agent registration with the U.S. Copyright Office is pending. Once registered, we will update this section with the registered agent's name and mailing address.

5.2 Takedown notice requirements

Your DMCA takedown notice must include all of the following:

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing, with enough detail for us to locate it within the Service (e.g., account email, property address, report date, or photo description).
• Your contact information: name, address, telephone number, and email address.
• A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

5.3 Our response

Upon receiving a valid DMCA notice, we will promptly remove or disable access to the allegedly infringing material and notify the user who submitted it. We may terminate accounts of repeat infringers in appropriate circumstances.

5.4 Counter-notification

If you believe material you submitted was removed in error, you may send a counter-notification to info@cadenzaops.com that includes: (a) your physical or electronic signature; (b) identification of the removed material and its prior location; (c) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; (d) your name, address, and telephone number; and (e) consent to jurisdiction of the federal district court for your address (or Florida if outside the U.S.) and acceptance of service from the person who filed the original notice.

5.5 Repeat infringers

We maintain a policy of terminating, in appropriate circumstances, the accounts of users who are repeat copyright infringers.

6.1 Plans and billing

The Service is offered on a subscription basis. Pricing, plan features, and billing cycles are described on our pricing page. All fees are stated in US dollars and are non-refundable except as expressly provided in these Terms or required by law.

6.2 Free trial

We may offer a free trial period. At the end of the trial, your account will require a paid subscription to continue accessing the Service. We reserve the right to modify or terminate free trials at any time.

6.3 Changes to pricing

We reserve the right to change our prices at any time. If we change pricing for your current plan, we will provide at least 30 days' advance notice by email. Your continued use of the Service after the price change constitutes your acceptance of the new pricing.

6.4 Cancellation and refunds

You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period. We do not provide prorated refunds for unused time. If you believe you were charged in error, contact us within 30 days of the charge at info@cadenzaops.com.

The Service and all associated content, features, and functionality — including but not limited to software, text, graphics, logos, icons, and the compilation thereof — are owned by Cadenza or its licensors and are protected by applicable intellectual property laws.

These Terms do not grant you any right, title, or interest in the Service beyond the limited license to use it as described herein. The Cadenza name, logo, and product names are trademarks of Cadenza. You may not use our trademarks without our prior written consent.

Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the collection and use of your information as described in the Privacy Policy.

The Service may integrate with or rely on third-party services (e.g., Apple App Store, Google Play, mapping services). Your use of those services is governed by their respective terms and policies. We are not responsible for the content, availability, or practices of any third-party services.

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may modify, suspend, or discontinue the Service (or any part of it) at any time, with or without notice. We will make reasonable efforts to notify you of significant changes that affect your use of the Service.

We reserve the right to update these Terms at any time. Material changes will be communicated via email or in-app notice at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED SERVICE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. POOL CHEMICAL RECOMMENDATIONS AND READINGS ARE INFORMATIONAL ONLY — ALWAYS EXERCISE PROFESSIONAL JUDGMENT AND COMPLY WITH LOCAL REGULATIONS.

Cadenza does not currently use artificial intelligence, machine learning, or automated decision-making systems to generate outputs, recommendations, or decisions about you or your customers. Chemical readings, service reports, and other data in the Service are entered and reviewed by your team.

If we introduce AI-powered features in the future (for example, automated suggestions, image analysis, or natural-language assistance), we will update these Terms and our Privacy Policy before or at the time those features become available. Such updates will describe what the AI feature does, what data it processes, its limitations, and that AI-generated outputs are informational only and do not replace professional pool-service judgment.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CADENZA AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES — INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS INTERRUPTION — ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100 USD.

You agree to indemnify, defend, and hold harmless Cadenza and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any third-party rights.

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Grounds for termination include, without limitation, violation of these Terms, non-payment, or conduct we determine to be harmful to us or other users.

Upon termination, your right to use the Service ceases immediately. You may request an export of Your Content within 30 days of termination. After 30 days, we may permanently delete Your Content.

Sections that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, arbitration, and governing law — shall survive.

These Terms are governed by the laws of the State of Florida, United States, without regard to its conflict of law provisions.

16.1 Informal resolution

Before initiating any formal legal proceeding, you agree to first contact us at info@cadenzaops.com and give us 30 days to attempt to resolve the dispute informally.

16.2 Binding arbitration

If we cannot resolve a dispute informally, you and Cadenza agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or Commercial Arbitration Rules if you are using the Service on behalf of a business), as applicable, rather than in court. The arbitration will be conducted in English, in Florida (or remotely by video if permitted by the rules), and the arbitrator's decision will be final and binding.

16.3 Class action waiver

You and Cadenza agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of class or representative proceeding. If this class action waiver is found unenforceable, the entirety of this arbitration agreement may be voidable at either party's election.

16.4 Exceptions

Either party may bring an individual action in small claims court if the claim qualifies. Either party may also seek injunctive or equitable relief in a court of competent jurisdiction to prevent unauthorized use or infringement of intellectual property rights.

16.5 Opt-out

You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing info@cadenzaops.com with the subject line "Arbitration Opt-Out" and your account email. If you opt out, disputes will be resolved in the state or federal courts located in Florida, and you consent to personal jurisdiction there.

• Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and Cadenza regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
• No waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
• Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign our rights without restriction.
• Force majeure: We are not liable for any failure to perform our obligations due to circumstances beyond our reasonable control.

If you have any questions about these Terms, please contact us:

• Email: info@cadenzaops.com
• Website: cadenzaops.com