QuickPoolQuote Master Services Agreement

This Master Services Agreement (“Agreement”) is between Quick Pool Quote LLC, an Arizona limited liability company, doing business as QuickPoolQuote, with its principal business address at 4079 E Lexington Ave, Gilbert, AZ 85234 (“QuickPoolQuote,” “we,” “us,” or “our”), and the business identified in the subscription signup or applicable order form (“Builder,” “you,” or “your”).

This Agreement becomes effective when Builder’s authorized representative accepts it electronically or both parties sign an order form incorporating it (“Effective Date”). The person accepting represents that they have authority to bind Builder.

1. Service and scope

1.1 Service

QuickPoolQuote provides a hosted software subscription that Builder may embed on its authorized website. The software allows homeowners to enter a property address, view available property information, configure a conceptual pool, spa, and related features, view a three-dimensional visualization, request AI-generated concept images where available, and obtain a preliminary itemized estimate based on Builder’s pricing.

The Service also collects project and contact information and delivers the homeowner’s design and estimate to the homeowner and the corresponding lead to Builder, generally by email. These features, together with related configuration and support, constitute the “Service.”

1.2 Subscription scope

Unless an accepted order form states otherwise, the subscription covers one Builder business. Additional businesses, custom development, or integrations require a separate written agreement.

1.3 Configuration and support

Builder will provide the branding, pricing, feature selections, delivery addresses, and other information reasonably necessary to configure the Service. Builder will review and approve the configuration and representative test estimates before public launch.

QuickPoolQuote will provide reasonable email support through help@quickpoolquote.app. No specific response time, uptime percentage, or service-level credit is promised unless separately agreed in writing.

1.4 Independent software provider

QuickPoolQuote provides software, not construction, architectural, engineering, surveying, permitting, brokerage, or professional design services. QuickPoolQuote is not Builder’s agent and cannot bind Builder to a homeowner contract.

Any professional design, site assessment, construction contract, payment, warranty, or construction dispute is solely between Builder and the homeowner or other relevant contractor. A homeowner’s use of the Service does not make the homeowner a party to this Agreement.

2. Access and permitted use

During the subscription term, QuickPoolQuote grants Builder a limited, nonexclusive, nontransferable right to access and use the Service for Builder’s own pool-building business and to make the homeowner-facing tool available through Builder’s authorized website.

Builder is responsible for its personnel, credentials, account administration, website integration, and activities performed through its account. Builder must promptly notify QuickPoolQuote of suspected unauthorized account access.

Builder may not:

• Resell, sublicense, or provide the Service to another business except as expressly authorized;
• Copy the Service or reverse engineer it, except to the extent applicable law prohibits that restriction;
• Circumvent access controls, remove required notices or attribution, or interfere with security or performance;
• Scrape, bulk-download, or extract third-party mapping or property data except as expressly permitted;
• Submit unlawful, infringing, malicious, or misleading content;
• Use the Service for unsolicited bulk communications or unlawful surveillance; or
• Submit sensitive information not required for the Service, including government identification numbers, health information, financial-account credentials, or payment-card information outside Stripe’s designated payment interface.

3. Fees, billing, and taxes

3.1 Subscription fee

The subscription fee is $495 per month, billed in advance through Stripe. There is no minimum subscription term and no setup fee, per-lead fee, or other mandatory usage fee under this Agreement.

Any optional paid service requires Builder’s separate written approval.

3.2 Recurring payment authorization

Builder authorizes recurring charges to its designated payment method for subscription fees and applicable taxes until cancellation takes effect. Builder must maintain current payment and billing information.

3.3 Taxes

Fees exclude applicable transaction taxes. Builder is responsible for sales, use, and similar taxes imposed on the subscription, excluding taxes on QuickPoolQuote’s net income. QuickPoolQuote may collect taxes it is legally required to collect.

3.4 Failed payments

If a payment fails, QuickPoolQuote may notify Builder and retry the payment. QuickPoolQuote may suspend access if payment remains unpaid for ten days after written notice. QuickPoolQuote will not impose a late fee under this Agreement.

3.5 Fee changes

QuickPoolQuote may change subscription fees by giving at least 30 days’ advance written notice. A changed fee will apply only to a renewal occurring after that notice period. Builder may cancel before the change takes effect.

3.6 Refunds

Except as expressly provided in this Agreement or required by law, fees are nonrefundable, including for partial months, unused access, or an absence of leads.

QuickPoolQuote will correct duplicate or erroneous charges. Refunds for termination are addressed in Section 14.

4. Term and cancellation

The subscription begins on the Effective Date and renews automatically for successive monthly billing periods.

Builder may cancel at any time using the account cancellation feature, if available, or by emailing help@quickpoolquote.app from an authorized account contact. A cancellation received before the next renewal charge prevents that renewal. Cancellation takes effect at the end of the current paid billing period unless Builder requests earlier deactivation.

QuickPoolQuote will confirm cancellation electronically. Builder should retain that confirmation.

5. Builder responsibilities

Builder will:

• Maintain all licenses, registrations, qualifications, and insurance required for its advertised services;
• Provide accurate, current pricing and clearly identify included items, allowances, exclusions, and applicable taxes;
• Review test estimates and promptly report suspected calculation or configuration errors;
• Stop relying on affected estimates when it knows they are materially inaccurate;
• Verify site conditions, dimensions, property boundaries, setbacks, utilities, easements, access, engineering, permitting, and construction feasibility before making binding commitments;
• Review and approve final professional plans and final pricing independently of the Service;
• Honor its representation that final pricing will be confirmed through a free on-site visit, subject to any geographic limitations clearly disclosed before the homeowner submits information;
• Provide accurate business identity and contact information; and
• Comply with laws applicable to its advertising, website, homeowner communications, contracting, and construction work.

Builder is responsible for errors in its supplied pricing or content. QuickPoolQuote remains responsible for its own obligations under this Agreement, including implementing approved pricing with reasonable care.

The Service does not guarantee lead volume, lead quality, homeowner identity, ownership of a submitted property, financing eligibility, conversion rates, or business results.

6. Preliminary estimates, conceptual designs, and AI images

6.1 Estimates are not binding quotes

Service-generated estimates are preliminary budgeting estimates, not binding bids, offers, final quotes, or construction contracts.

Estimates are based on Builder’s configured pricing and homeowner selections. They assume standard soil, access, site, and engineering conditions. Actual pricing may change based on verified conditions, surveys, permits, engineering, utilities, demolition, drainage, excavation, equipment access, material availability, selections, taxes, or other project requirements.

Final scope and pricing must be confirmed by Builder after its on-site assessment and stated in Builder’s separate written agreement with the homeowner.

6.2 Designs are conceptual

Three-dimensional designs and other visualizations are conceptual only. They are not surveys, permit submissions, engineered plans, construction documents, or representations of compliance with setbacks, easements, building codes, or safety requirements.

6.3 AI images

AI-generated images may invent, omit, distort, or inaccurately depict property features, dimensions, materials, colors, lighting, landscaping, equipment, and construction details. An image may differ from both the configured design and the eventual project.

AI images are illustrative concepts, not photographs of completed work, buildability determinations, or guarantees of any particular result. Outputs may be nonunique, and intellectual-property protection or exclusive rights may not be available.

7. Builder Data and privacy

7.1 Definitions and rights

“Builder Data” means Builder’s submitted pricing, branding, company information, and content, together with contact details, property addresses, build timelines, project selections, and other lead information submitted through Builder’s instance of the Service.

As between the parties, Builder retains its rights in Builder Data, subject to homeowner rights, applicable law, and third-party rights. This allocation does not give Builder ownership of an individual’s identity or unrestricted rights to use personal information.

7.2 Limited processing authorization

Builder authorizes QuickPoolQuote to collect, host, process, reproduce, transmit, and otherwise use Builder Data only as reasonably necessary to:

• Provide, support, secure, and maintain the Service;
• Deliver requested designs, estimates, and leads;
• Troubleshoot and correct errors;
• Comply with applicable law; and
• Carry out Builder’s lawful documented instructions.

QuickPoolQuote will not sell lead data, distribute it to other builders, or use it for unrelated advertising.

7.3 Service providers

QuickPoolQuote may use service providers for hosting, database services, email delivery, payment processing, maps and property information, security, and AI-image generation.

The disclosed provider list appears in Schedule A. QuickPoolQuote will disclose only information reasonably needed for the provider’s function and will maintain contractual protections appropriate to the processing involved.

QuickPoolQuote will not send homeowner names, email addresses, or telephone numbers to an AI-image provider unless necessary for an expressly disclosed feature and lawfully authorized. Provider configurations and contracts must be consistent with this Agreement’s restrictions.

QuickPoolQuote remains responsible for its own contractual obligations when using service providers. Providers may separately process certain information under their own applicable terms and privacy notices, particularly payment and mapping information.

7.4 Privacy notices and collection

Before launch, Builder must maintain an accurate privacy notice for its website and lead follow-up activities.

Neither party may treat acceptance of this business Agreement as consent from a homeowner.

Each party is responsible for its own legal obligations. Designating Builder as a data owner or QuickPoolQuote as a service provider does not override duties imposed by applicable law.

7.5 Security

QuickPoolQuote will maintain reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Builder Data, including access controls, protected data transmission, and appropriate controls over personnel and service-provider access.

Builder will secure its own systems, email accounts, exported data, and credentials. No system can guarantee absolute security.

7.6 Security incidents

QuickPoolQuote will notify Builder without undue delay after confirming unauthorized access to or disclosure of Builder Data within QuickPoolQuote’s or its service providers’ control, provide reasonably available information, and cooperate in containment and remediation.

Each party will comply with notification duties applicable to it. Builder will coordinate with QuickPoolQuote before attributing an incident to QuickPoolQuote in an external notice, unless applicable law requires otherwise. Neither party may delay a legally required notification.

7.7 Individual requests

QuickPoolQuote will reasonably assist Builder with lawful requests to access, correct, export, or delete personal information processed for Builder. Builder will promptly notify QuickPoolQuote of requests requiring action within the Service. Each party remains responsible for requests concerning its independent processing.

7.8 Aggregated information

QuickPoolQuote may use genuinely aggregated, deidentified operational statistics to maintain and improve the Service, provided they do not identify or reasonably permit identification of a homeowner, Builder, property, or Builder’s confidential pricing.

QuickPoolQuote will not attempt to reidentify such information or disclose it as identifiable lead data.

7.9 Additional legal requirements

If applicable law requires additional data-processing terms, the parties will execute them before undertaking the affected processing. Neither party may expand processing into a jurisdiction or use case requiring additional protections without first addressing those requirements.

8. Homeowner communications

Builder is responsible for determining whether and how it may lawfully contact homeowners, including compliance with applicable calling, texting, artificial or prerecorded voice, do-not-call, email-marketing, privacy, and consumer-protection requirements.

Submission of a telephone number or an estimate request must not be treated as blanket permission for automated marketing, prerecorded calls, AI-voice calls, or unrelated campaigns.

Builder must:

• Obtain and retain any legally required consent;
• Use contact information consistently with the disclosed purpose and consent;
• Honor revocations, unsubscribe requests, and do-not-contact requests;
• Observe applicable calling hours and suppression requirements; and
• Ensure that its employees and marketing vendors comply.

If Builder requests automated marketing features, the parties must first agree on the consent language, required records, withdrawal procedures, and technical controls.

QuickPoolQuote is responsible for communications it initiates or controls, including its estimate-delivery templates and transmission functions. Nothing in this Agreement transfers QuickPoolQuote’s statutory obligations to Builder.

9. Third-party data and terms

Maps, aerial images, parcel information, building outlines, addresses, and related information may originate from Google, public records, or other providers. They may be inaccurate, outdated, incomplete, unavailable, or unsuitable for determining legal boundaries or construction feasibility.

Builder must preserve required attribution and must not scrape, cache, export, alter, or reuse third-party information beyond the rights actually granted.

Any third-party terms that Builder must accept directly must be identified and made available before acceptance of this Agreement or before activation of the affected feature. Only terms actually applicable to Builder’s use are incorporated.

QuickPoolQuote is responsible for maintaining its own vendor agreements and configuring the Service consistently with those agreements. Builder does not assume obligations under undisclosed vendor contracts.

If provider requirements change, QuickPoolQuote may modify or discontinue the affected feature. If that materially reduces the core Service, Builder may terminate and receive a prorated refund of prepaid unused fees.

10. Intellectual property

QuickPoolQuote and its licensors retain all rights in the Service, software, interfaces, templates, underlying technology, and improvements, excluding Builder Data.

Builder grants QuickPoolQuote a limited license to use Builder’s content, pricing, and branding solely to perform this Agreement. Public use of Builder’s name or logo as a customer endorsement requires Builder’s prior written consent.

Subject to applicable third-party rights and provider restrictions, QuickPoolQuote grants Builder a perpetual, nonexclusive right to use and share generated estimates, conceptual designs, and AI images for the corresponding project and Builder’s ordinary business purposes. Builder may not present an AI concept as completed work.

No exclusive ownership or copyright protection in AI-generated material is promised.

11. Confidentiality

“Confidential Information” means nonpublic information disclosed by either party that is identified as confidential or reasonably should be understood to be confidential, including Builder’s nonpublic pricing, lead data, security information, and QuickPoolQuote’s nonpublic technology.

The receiving party will use Confidential Information only to perform or exercise rights under this Agreement and disclose it only to personnel, advisers, and providers who need access and are subject to appropriate confidentiality obligations.

Confidential Information excludes information the receiving party can demonstrate was lawfully known without restriction, independently developed, received lawfully without restriction, or made public without breach.

Legally compelled disclosures are permitted, provided the receiving party gives advance notice when legally allowed and limits disclosure as reasonably practicable.

These duties continue for three years after termination, except that personal information remains protected as required by this Agreement and law, and trade secrets remain protected while qualifying as trade secrets.

12. Warranties and disclaimers

Each party represents that it has authority to enter this Agreement.

QuickPoolQuote will provide the Service with reasonable care and skill and substantially in accordance with Section 1. Builder must notify QuickPoolQuote of a material failure with enough detail to permit investigation. QuickPoolQuote will use reasonable efforts to correct it. Uncured material failures are subject to Section 14.

EXCEPT FOR EXPRESS COMMITMENTS IN THIS AGREEMENT, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE AND THIRD-PARTY INFORMATION ARE PROVIDED “AS IS” AND “AS AVAILABLE.” QUICKPOOLQUOTE DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. QUICKPOOLQUOTE DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, ACCURATE PUBLIC RECORDS, CONSTRUCTION FEASIBILITY, OR ANY NUMBER OR QUALITY OF LEADS.

These disclaimers do not negate QuickPoolQuote’s express privacy, security, confidentiality, or indemnity obligations.

13. Liability and indemnification

13.1 Excluded damages

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, exemplary, or punitive damages, or lost profits or revenue.

Amounts payable to third parties under an indemnity in this Section and reasonable direct costs of investigating, containing, and providing legally required notices for a covered data incident are not excluded solely because they involve a third party or data incident.

13.2 Ordinary liability cap

Except as stated below, each party’s aggregate liability arising from this Agreement will not exceed the greater of:

• Subscription fees paid or payable for the 12 months immediately preceding the first event giving rise to liability; or
• $495.

13.3 Higher cap

For breaches of Sections 7 or 11 and indemnification obligations under this Section, each party’s aggregate liability is capped at twice the ordinary liability cap. This is an alternative cap, not an additional amount.

13.4 Uncapped matters

The liability caps and damage exclusions do not limit fraud, willful misconduct, gross negligence, or liabilities that applicable law does not permit the parties to limit. The caps do not excuse payment of properly due subscription fees.

13.5 Builder indemnity

Builder will defend QuickPoolQuote against third-party claims arising from:

• Builder’s construction, professional services, or homeowner contracts;
• Builder-provided content that infringes third-party rights;
• Builder’s unlawful homeowner communications or use of lead data; or
• Builder’s material violation of its licensing or legal obligations.

Builder will pay resulting damages, settlements approved under Section 13.7, and reasonable defense costs, subject to the applicable liability provisions. Builder has no obligation to the extent a claim results from QuickPoolQuote’s breach, negligence, or misconduct.

13.6 QuickPoolQuote indemnity

QuickPoolQuote will defend Builder against third-party claims that the Service’s proprietary software, as supplied and used as authorized, infringes a United States patent, copyright, or trade secret, and pay resulting damages, approved settlements, and reasonable defense costs, subject to the applicable liability provisions.

This obligation excludes claims arising from Builder Data, unauthorized modifications, unauthorized use, or combinations not supplied or required by QuickPoolQuote. It does not cover an assertion of exclusive rights in AI-generated outputs.

QuickPoolQuote may obtain continued-use rights, modify or replace the affected functionality without materially reducing it, or terminate the affected Service and refund prepaid unused fees.

13.7 Procedure

The indemnified party must provide prompt notice, reasonable cooperation at the indemnifying party’s expense, and control of the defense to the indemnifying party. Delayed notice excuses obligations only to the extent materially prejudicial.

The indemnifying party may not settle a claim in a manner that admits fault by, imposes nonmonetary obligations on, or fails to fully release the indemnified party without its written consent.

14. Suspension and termination

Either party may terminate for a material breach not cured within 30 days after written notice describing the breach.

QuickPoolQuote may immediately suspend affected access when reasonably necessary to address a security threat, unlawful use, imminent harm, or a binding legal requirement. Suspension will be limited to the scope and duration reasonably necessary. QuickPoolQuote will give notice when practicable and restore access when the basis is resolved.

QuickPoolQuote may discontinue the Service or terminate without cause on 30 days’ written notice.

If Builder terminates for QuickPoolQuote’s uncured material breach, or QuickPoolQuote terminates without cause or discontinues the Service, QuickPoolQuote will refund prepaid fees attributable to the unused period after termination.

Termination does not cancel fees already properly incurred.

15. Data return and deletion

Builder may request a commonly readable export of available Builder Data during the subscription and for 30 days after termination, at no additional charge. QuickPoolQuote will provide available lead and configuration data but need not provide source code, proprietary technology, or third-party content that cannot lawfully be exported.

Builder is responsible for retaining delivered emails and exported project records.

After the post-termination export period, QuickPoolQuote will delete Builder Data from active systems within 60 days, except information legally required to be retained or reasonably needed for documented billing, security, or dispute purposes.

Residual backups will be deleted or overwritten through the ordinary backup cycle, no later than 180 days after termination. Retained data remains protected and may not be used for unrelated purposes.

These periods do not extend retention that applicable law requires to end sooner.

16. Governing law and disputes

Arizona law governs this Agreement, without regard to conflict-of-law principles.

The parties consent to exclusive jurisdiction and venue in the state courts located in Maricopa County, Arizona, and, where federal subject-matter jurisdiction exists, the United States District Court for the District of Arizona.

Before filing a claim, the parties will attempt in good faith to resolve it through business representatives for 30 days after written dispute notice. This requirement does not prevent urgent injunctive relief or filings necessary to preserve legal rights.

17. Notices and electronic acceptance

Legal notices to QuickPoolQuote must be sent to help@quickpoolquote.app. Notices to Builder may be sent to its designated account email.

Email notices are effective when delivered without an automated delivery-failure message. The parties will keep their notice addresses current.

The parties agree to conduct this transaction electronically. An affirmative electronic acceptance, including selection of an acceptance checkbox followed by submission, constitutes acceptance of this Agreement by the accepting party.

18. General provisions

This Agreement, the completed Schedule A, and any accepted order form constitute the entire agreement concerning the Service. An order form overrides this Agreement only where it expressly identifies the provision being changed.

QuickPoolQuote may propose changes on at least 30 days’ advance written notice. Material changes require Builder’s affirmative acceptance before applying to Builder. Posting a revised agreement alone does not change an existing accepted Agreement.

Neither party may assign this Agreement without the other’s consent, except to a successor in a merger, reorganization, or sale of substantially all relevant assets that assumes the Agreement and its data-protection duties.

The parties are independent contractors. No partnership, agency, or joint venture is created. There are no third-party beneficiaries under this Agreement.

Neither party is responsible for delays caused by events beyond its reasonable control, provided it takes reasonable mitigation measures. This provision does not excuse accrued payment obligations or eliminate applicable data-security duties.

A failure to enforce a provision is not a waiver. If a provision is unenforceable, the remaining provisions remain effective to the extent permitted by law.

Provisions concerning accrued payments, intellectual property, confidentiality, data handling after termination, liability, indemnification, and dispute resolution survive to the extent needed to give them effect.

Schedule A: Provider disclosure

QuickPoolQuote uses the following providers to operate the Service. QuickPoolQuote will maintain an accurate provider list and give reasonable advance notice of material changes involving homeowner information, except where an urgent security or operational change requires shorter notice.

Terms Builder must accept directly: None.

Notices and attribution shown in the homeowner interface: Google Maps attribution and logo, as displayed by the map.

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