Legal
Terms of Service
Last updated [PUBLICATION DATE]
Draft for review. This document contains unresolved placeholders and has not been reviewed by a lawyer. Do not publish it as-is.
These terms govern your purchase and use of the iSmart Module, the NexPool Connect application, and any related services provided by [LEGAL ENTITY NAME] ("we", "us"). By creating an account or using the product you agree to them.
If you do not agree, do not use the product. Where you have bought through a dealer or installer, these terms apply to your use of the software and services regardless of who sold you the hardware.
1. What these terms cover
These terms cover the module firmware, the NexPool Connect application, your account, and any cloud services used to reach your equipment remotely. The physical hardware is additionally covered by the Warranty.
Third-party equipment you connect — pumps, heaters, chlorinators, lighting — is governed by that manufacturer's own terms and warranty. We do not extend our terms over their products.
2. Your account
You need an account to pair a module and to use remote features. You are responsible for keeping your credentials and your device PIN confidential, and for activity carried out under your account.
You must be at least [MINIMUM AGE] years old and legally able to enter a contract in your jurisdiction.
3. Members and shared access
You may invite others to your pool using a join code, and you may grant access to a service company. Anyone you admit can operate the equipment within the permissions you assign.
You are responsible for who you admit and for removing access when it is no longer needed. We are not able to judge, on your behalf, whether a given person should have control of your equipment.
4. Acceptable use
- Do not use the product outside the electrical, environmental and installation limits in the documentation.
- Do not attempt to defeat safety interlocks, or to drive connected equipment outside its manufacturer's rated operating conditions.
- Do not reverse engineer, decompile or extract firmware except to the extent that applicable law expressly permits.
- Do not resell, sublicense or provide the service to third parties without our written agreement.
- Do not use the product where a failure could cause injury or serious property damage without independent protective measures in place.
5. Safety and supervision
This is pool automation, not a safety system. It is not a substitute for supervision, for a barrier or fence, for an alarm, or for the water-chemistry checks your local regulations require.
Automated dosing and heating can fail, and connectivity can be lost. Do not rely on the product as the only control over anything that could harm a person.
[CONFIRM: mandatory safety wording required in the markets you sell into.]
6. Installation
Installation and electrical connection must be carried out by a person qualified to do that work under the rules of your jurisdiction, and in accordance with our documentation.
Work carried out otherwise may be unsafe, may void the Warranty, and may contravene local electrical codes.
7. Software, updates and licence
We grant you a personal, non-exclusive, non-transferable licence to use the firmware and application with your module, for as long as these terms are in force.
We may issue updates that change, add or remove functionality. Some updates are necessary for security and may be applied automatically.
[CONFIRM: whether users may decline non-security updates, and any open-source licences requiring attribution.]
8. Service availability
Remote access depends on your internet connection, your power supply, and our cloud services. We do not promise uninterrupted availability and we do not commit to an uptime figure in these terms.
Local control at the module's display is designed to keep working when the network does not. [CONFIRM: which functions survive a loss of connectivity.]
9. Support lifetime
We intend to provide software updates and cloud service for a given module for at least [SUPPORT PERIOD] from [DATE OF PURCHASE / DATE OF LAST SALE]. We will give at least [NOTICE PERIOD] notice before ending service for a product.
[This section matters commercially and legally. Decide the real commitment before publishing — several jurisdictions now require a stated support period for connected devices.]
10. Limitation of liability
To the fullest extent permitted by law, and subject to the section below, our total liability arising out of the product is limited to [LIABILITY CAP].
We are not liable for indirect or consequential loss, including loss of water, chemicals, energy, or damage arising from equipment operating or failing to operate.
11. Your statutory rights
Nothing in these terms limits rights you have under mandatory consumer law that cannot be excluded by agreement. Where such law conflicts with these terms, that law prevails.
[CONFIRM per market: this section is what keeps the limitation above enforceable.]
12. Suspension and termination
We may suspend or end your access if you materially breach these terms, or where continued use presents a safety or security risk. Where practical we will tell you first.
You may close your account at any time. Closing it may disable remote features while leaving local control at the module intact.
13. Changes to these terms
We may update these terms. Material changes will be notified [HOW: in-app, by email] at least [NOTICE PERIOD] before they take effect.
14. Governing law
These terms are governed by the law of [JURISDICTION], and disputes are subject to the courts of [JURISDICTION], without prejudice to any right you have to bring proceedings where you live.
15. Contact
[LEGAL ENTITY NAME], [REGISTERED ADDRESS]. Enquiries: [SUPPORT EMAIL].
