Terms of Service

Agreement to terms

By accessing or using the PoolBidder website (“Site”) or engaging our services, you agree to these Terms of Service (“Terms”). If you do not agree, do not use the Site or our services. We may update these Terms; the “Last updated” date will change. Your continued use after changes constitutes acceptance of the revised Terms where permitted by law.

Services

PoolBidder provides independent pool design coordination and bidding advocacy for homeowners. We are not a pool builder and do not perform construction. Specific deliverables, fees, timelines, and responsibilities for paid engagements are set forth in a separate written agreement or statement of work signed by you (“Engagement Agreement”). If there is a conflict between these Terms and an Engagement Agreement, the Engagement Agreement controls for that engagement.

Eligibility

You represent that you are at least 18 years old and have authority to enter into these Terms on behalf of yourself or the entity you represent.

Fees and payment

Fees for services (including any “Advocate Package” or similar offering) are as quoted on the Site or in your Engagement Agreement. Payment terms, taxes, and refunds (if any) are governed by the Engagement Agreement and our Fit-first guarantee & cancellation policy, where applicable.

Intellectual property

Unless otherwise agreed in writing, ownership of plans, specifications, and deliverables is as stated in your Engagement Agreement. The Site and its content (text, graphics, branding) are owned by PoolBidder or its licensors and are protected by intellectual property laws. You may not copy, scrape, or redistribute Site content for commercial use without permission.

Independent relationship; no builder kickbacks

We operate as independent advocates. We do not accept undisclosed kickbacks from builders for steering work. Any referral arrangements, if ever offered, will be disclosed as required by law and your Engagement Agreement.

Disclaimers

THE SITE AND ANY GENERAL INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee specific savings, bid outcomes, or builder performance—results depend on market, scope, and third parties outside our control.

Nothing on the Site constitutes engineering, legal, or tax advice. You are responsible for permits, zoning, HOA rules, and hiring licensed contractors for construction.

Limitation of liability

To the fullest extent permitted by law, PoolBidder and its owners, employees, and contractors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or savings. Our aggregate liability arising out of these Terms or the Site (except as may be required for bodily injury or death caused by gross negligence where not waivable) shall not exceed the greater of (a) the fees you paid to us in the twelve months before the claim or (b) one hundred U.S. dollars ($100), except where an Engagement Agreement provides a different cap for covered services.

Indemnity

You agree to defend and indemnify PoolBidder against claims arising from your use of the Site, your project site, or your violation of these Terms, except to the extent caused by our willful misconduct.

Dispute resolution

These Terms are governed by the laws of the United States and the State of Delaware, excluding conflict-of-law rules. For disputes arising from these Terms or the Site alone, you agree to the exclusive jurisdiction and venue of the state and federal courts located in Delaware, except that either party may seek injunctive relief in any court of competent jurisdiction. If you have a signed Engagement Agreement with a different dispute resolution clause (e.g., arbitration), that clause governs disputes related to that engagement.

Termination

We may suspend or terminate access to the Site or an engagement for breach of these Terms or an Engagement Agreement. Provisions that by nature should survive (e.g., disclaimers, limitation of liability, indemnity) survive termination.

Privacy

Our collection and use of personal information is described in our Privacy Policy.

Contact

hello@poolbidder.com