California Pools Franchise Inc. · Effective August 18, 2026 · Version 2026-08-18-v3
This End-User License Agreement ("Agreement" or "EULA") is a binding legal contract between you ("User," "you," or "Franchisee") and California Pools Franchise Inc., a Wyoming corporation with its principal place of business in Dripping Springs, Texas ("Company," "we," "us," or "our"), governing your access to and use of the California Pools Command Center platform (the "Platform"). By creating an account, logging in, or otherwise accessing or using the Platform, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree, you may not access or use the Platform. "You" includes the individual accepting this Agreement and, if that individual is accepting on behalf of a franchise entity, that franchise entity and its personnel who are granted access under that entity's authorization.
The Platform is a franchise management system provided by the Company to authorized franchisees of the California Pools network and their personnel. It supports, among other things, lead management, estimating and proposals, project management, project budgeting, accounts-payable (vendor bill) intake and approval, receivables, team communications, an internal Pro Shop for commerce, and integrations with third-party services such as QuickBooks, Google Workspace, and telecommunications providers.
You represent that (a) you are an individual authorized to access the Platform through your franchise location or by the Company, (b) you will use the Platform only in connection with the business of a California Pools franchise, and (c) if you are accepting this Agreement on behalf of a franchise entity, you have the full legal authority to bind that entity and all of its personnel who access the Platform under that entity's authorization, in which case "you" refers to both you, that entity, and its authorized personnel.
Subject to your ongoing compliance with this Agreement and any applicable franchise agreement, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Platform for the internal business operations of the California Pools franchise network during the period you are authorized to access it. This license is not, and shall not be construed as, a grant of any right to use, receive, or view copies of source code, schematics, master copies, design materials, or other information used in creating, developing, or implementing the Platform. You have no rights to receive any source code for the Platform and shall not reverse engineer, disassemble, decompile, or otherwise attempt to derive source code for any purpose.
You are responsible for safeguarding the credentials used to access the Platform and for all activity that occurs under your account or the accounts of personnel you authorize. If you are a franchisee entity, you are responsible for (a) ensuring that each of your personnel who accesses the Platform has accepted this Agreement, (b) managing and revoking access for personnel who leave your organization, and (c) all activity undertaken by your personnel under your authorization. You agree to notify the Company promptly of any unauthorized use, credential compromise, or security breach. The Company may suspend or terminate access at any time.
You agree not to, and not to permit others to: (a) use the Platform for any unlawful purpose; (b) attempt to gain unauthorized access to any part of the Platform, its systems, or another user's data; (c) copy or modify the Platform or any software or platforms used to provide it, except as expressly permitted in this Agreement; (d) remove, alter, or obscure any copyright, trademark, logo, or proprietary notice on or within the Platform; (e) reverse engineer, reverse compile, disassemble, decompile, or otherwise attempt to derive source code, object code, or the look and feel, functionality, or user interface of the Platform; (f) introduce viruses, malware, or harmful code; (g) scrape, spider, or harvest data from the Platform; (h) share your credentials or circumvent access controls; (i) rent, lease, distribute, sublicense, or otherwise make the Platform available to any third party; (j) use the Platform to infringe the intellectual property or privacy rights of any person; or (k) interfere with or disrupt the Platform or the servers or networks connected to it.
The Platform may connect to third-party services, including QuickBooks (Intuit), Google Workspace, Twilio, and others. You are responsible for ensuring that you have the right to connect such services and to share the data that flows between them and the Platform. You authorize the Company to send data to and retrieve data from such services on your behalf in connection with your authorized use. Your use of third-party services is also governed by those providers' own terms. The Company does not control and is not responsible for the security, availability, or conduct of third-party services or any data loss that occurs within them.
If you connect a QuickBooks company file, the Platform may, on your behalf, push approved vendor bills to QuickBooks and retrieve vendor and bill status updates. You are responsible for the accuracy of the data you enter or approve for sync, and for reconciling that data in your accounting system. This Agreement does not modify Intuit's terms of service and does not make the Company responsible for Intuit's conduct or the accuracy of data within QuickBooks.
You agree that you shall not use the Platform to send, store, or process personal information that is subject to special regulatory or contractual handling requirements, including without limitation information governed by the Payment Card Industry Data Security Standards (PCI DSS), the Gramm-Leach-Bliley Act, the Health Insurance Portability and Accountability Act (HIPAA), and any similar data protection laws. Prohibited data includes, without limitation: credit card numbers and magnetic-stripe information, bank account numbers, Social Security numbers, driver's license numbers, passport numbers, government-issued identification numbers, health-related information, biometric data, financial account credentials, personally identifiable information collected from children under the age of thirteen (13), and real-time geo-location data that can identify an individual. You are solely responsible for any consequences arising from your introduction of prohibited data into the Platform, and you agree to indemnify the Company for any claims arising from such introduction. The Platform is not a PCI-compliant, HIPAA-compliant, or regulated-data storage system.
Each California Pools franchise location is owned and operated by a separate and independent legal entity. You acknowledge and agree that: (a) the Company and each franchisee are separate and independent legal entities; (b) nothing in this Agreement or the Platform creates any partnership, joint venture, agency, employment, or fiduciary relationship between the Company and any franchisee or its personnel; (c) franchisees and their personnel are not employees, agents, or representatives of the Company, and have no authority to bind the Company to any obligation or to make any representation on its behalf; (d) each franchisee is solely responsible for its own business operations, data security practices, personnel management, and compliance with applicable laws; (e) the Company's role is limited to providing the Platform as a software tool, and the Company does not control, direct, or supervise the day-to-day operations of any franchisee; and (f) each franchisee is responsible for ensuring that its personnel use the Platform in compliance with this Agreement and all applicable laws.
11.1 Definition of Confidential Information. "Confidential Information" means any and all non-public or proprietary information of the Company, its affiliates, or other franchisees that you access, observe, or receive through or in connection with the Platform, whether in written, oral, visual, electronic, or any other form. Confidential Information includes, without limitation: franchise sales and performance data; customer leads, contact information, and project data; financials, pricing, estimates, proposals, and budgets; vendor and subcontractor information; royalty and baseline figures; training materials and course content; marketing campaigns, templates, and sequences; business plans, processes, methods, models, and operational workflows; software designs, source and object code, user interface and user experience design, screen layouts, look and feel, functionality, and technical documentation; and any other information that is marked, identified, or reasonably should be understood to be confidential or proprietary. Confidential Information does not include information that (a) is or becomes publicly available without breach of this Agreement by you; (b) was known to you prior to its disclosure through the Platform; (c) is independently developed by you without use of or reference to any Confidential Information; or (d) is lawfully received by you from a third party under no obligation of confidentiality.
11.2 Non-Disclosure & Non-Sharing. You agree that you shall not, without the prior express written consent of the Company, directly or indirectly: (a) disclose, reveal, share, publish, transmit, post, or otherwise make available any Confidential Information to any person or entity outside the scope of your authorized use, including but not limited to competitors of the Company, other franchisees not authorized to receive that information, media, analysts, bloggers, or any other third party; (b) use any Confidential Information for any purpose other than the authorized business operations of your California Pools franchise location; (c) export, download, extract, copy, screenshot, photograph, record, or otherwise remove or replicate any Confidential Information from the Platform except as strictly necessary for authorized business operations and in compliance with this Agreement; (d) use any Confidential Information — including processes, methods, workflows, pricing models, marketing materials, training content, or operational practices — to develop, improve, or market any competing or other product, service, or business; or (e) assist, encourage, or enable any other person or entity to do any of the foregoing.
11.3 Protection of Confidential Information. You will use the same care and discretion with respect to Confidential Information as you use with your own most sensitive information, but in no event less than a reasonable degree of care. You will limit access to Confidential Information to your personnel who have a strict need to access it for authorized business operations and who are bound by written or contractual confidentiality obligations at least as protective as those in this Agreement. You are responsible for all acts and omissions of your personnel with respect to Confidential Information.
11.4 Non-Circumvention & Non-Solicitation. You agree that you shall not, without the Company's prior written consent: (a) use Confidential Information — including customer leads, contact lists, vendor relationships, or referral sources obtained through the Platform — to circumvent, bypass, or otherwise avoid doing business through the Company or the California Pools network; (b) solicit, divert, or take away any customer, lead, vendor, subcontractor, or business relationship that you became aware of through the Platform for any purpose other than authorized business operations of your franchise location; or (c) use the Platform's processes, methods, workflows, or operational data as a model, template, or reference for any business or activity outside the scope of your authorized franchise operations.
11.5 Equitable Relief. You acknowledge and agree that any breach or threatened breach of this Section 11 will cause the Company immediate, substantial, and irreparable harm for which monetary damages would be an inadequate remedy. Accordingly, in addition to any other remedy available at law or in equity, the Company shall be entitled to seek immediate injunctive or equitable relief, including temporary restraining orders and preliminary and permanent injunctions, to prevent or restrain any actual or threatened breach of this Section, without the necessity of posting any bond, proving actual damages, or any similar requirement, and without prejudice to any other rights or remedies the Company may have.
11.6 Compelled Disclosure. If you are legally required to disclose Confidential Information in connection with a legal or regulatory proceeding, you will, to the extent permitted by law, provide the Company with prompt written notice before any disclosure so that the Company may seek a protective order or other appropriate remedy. You will furnish only that portion of the Confidential Information that is legally required to be disclosed and will use reasonable efforts to maintain its confidentiality.
11.7 Survival. Your obligations under this Section 11 survive indefinitely, including after your access to the Platform is terminated or expires, and are in addition to any other confidentiality or non-disclosure obligations you may have under any franchise agreement or separate agreement with the Company.
Access to and use of the Platform is subject to fees. A recurring flat fee is charged per franchise location for access to the Platform, regardless of the number of personnel who access the Platform under that location's authorization. Responsibility for payment of these fees may be borne by the Company, by the franchisee, or shared between them, as determined by the Company in its discretion and as communicated to each franchise location. The applicable fee amount, billing party, and any allocation between the Company and the franchisee are set out separately from this Agreement and may be adjusted by the Company from time to time. Your standard financial obligations under any applicable franchise agreement remain unaffected and are in addition to any fees for the Platform. The Company may make certain features or services available for free and does not guarantee that any portion of the Platform will always be available for free; the Company reserves the right to introduce, adjust, or restructure fees for any portion of the Platform at any time.
All right, title, and interest in and to the Platform—including its software, source and object code, user interface and user experience design, visual elements, screen layouts, workflows, functionality, features, graphics, text, documentation, and trademarks—are owned by the Company and its licensors and are protected by United States and international intellectual property laws, including copyright, trade dress, trade secret, and other applicable protections. This Agreement grants you no ownership interest and no rights other than the limited license set forth in Section 4. Except for the rights expressly granted herein, all rights, title, and interest in and to the Platform and any related intellectual property rights are reserved by the Company.
You acknowledge that the Platform's user interface, user experience, overall design, look and feel, screen layouts, organization, workflows, processes, methods, and functionality are proprietary to the Company, constitute valuable trade dress, trade secrets, and confidential information, and are a material part of the Platform's value. You agree that you will not, and will not permit others to: (a) copy, reproduce, replicate, screenshot-and-rebuild, or otherwise mimic the Platform's design, UI/UX, workflows, processes, or functionality; (b) create, develop, or distribute any derivative work based on the Platform's design, features, workflows, or functionality; (c) use the Platform's design, organization, processes, workflows, or functionality as a model, template, or reference for any competing or other product; or (d) remove, alter, or obscure any copyright, trademark, or proprietary notices on or within the Platform.
13.1 Suggestions & Feedback. The Company welcomes feedback from users about the Platform. If you provide the Company with any ideas, suggestions, documents, proposals, or feedback regarding the Platform ("Feedback"), you agree that (a) the Company is granted an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, disclose, prepare derivative works, publish, reproduce, sublicense, or otherwise distribute and exploit the Feedback without restriction or any obligation to you, provided that the Company shall not identify you as the source of such Feedback; (b) the Feedback does not contain any confidential information of third parties; and (c) the Company is under no obligation of confidentiality, express or implied, with respect to the Feedback.
"California Pools" and related marks are trademarks of the Company and its affiliates. Nothing in this Agreement confers any right to use the Company's trademarks except as strictly necessary to access and use the Platform as authorized.
The Platform is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company does not warrant that the Platform will be uninterrupted, error-free, or secure, or that any data will be accurate or complete.
Data Security & Breach Disclaimer. No method of transmission or storage over the internet or through any third-party integration is completely secure. The Company employs reasonable administrative, technical, and physical safeguards, but cannot guarantee absolute security. You acknowledge that the Platform relies on third-party infrastructure, integrations, and services (including cloud hosting providers, QuickBooks, Google, and telecommunications providers) whose security is outside the Company's control. To the maximum extent permitted by law, the Company shall not be liable for any unauthorized access to, disclosure of, or loss of data, including data breaches, whether occurring through the Platform, a third-party integration, a franchisee's or user's own negligence or insufficient security practices, or any other cause. You are responsible for implementing and maintaining appropriate security measures on your end, including credential management, access controls, and data handling practices. The Company is not responsible for any data that you or your personnel enter into the Platform in violation of this Agreement, including the sensitive data prohibited under Section 9.
To the maximum extent permitted by law, in no event shall the Company's aggregate liability arising out of or relating to this Agreement or the Platform, including but not limited to any claim arising from a data breach, unauthorized access, loss of data, or any other security incident, exceed one hundred U.S. dollars (USD $100.00), and in no event shall the Company be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if advised of their possibility. These limits apply regardless of the legal theory asserted and apply to the maximum extent permitted by law, including to claims that cannot be limited by law, such as for gross negligence or willful misconduct, to the extent such limitation is permitted.
You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, settlements, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use or misuse of the Platform; (b) your breach of this Agreement, including any breach of the confidentiality, non-disclosure, or intellectual property provisions in Sections 11 or 13; (c) any data you or your personnel enter into the Platform, including any sensitive or prohibited data entered in violation of Section 9; (d) the acts or omissions of your personnel; (e) your violation of any law or third-party right; or (f) your or your personnel's negligence or insufficient security practices. If you are a franchisee entity, this indemnification covers the acts and omissions of all personnel accessing the Platform under your authorization.
Your license is effective for the period you are authorized to access the Platform and ends when your access is revoked or this Agreement is terminated. The Company may suspend or terminate access at any time, including for breach. Upon termination, you must immediately cease using the Platform, return or destroy all Confidential Information in your possession, and the Company may delete any data associated with your account. Sections 9, 11, 13, 14, 15, and 16 survive termination.
The Company may modify this Agreement from time to time. When a new version becomes effective, you will be required to accept it upon your next login before you can continue using the Platform. Your continued use after the effective date of a new version constitutes acceptance. The current version and effective date are shown at the top of this document and at /legal/eula.
This Agreement is governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration administered in the State of Texas under the rules of a mutually agreed arbitration provider, except that either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property, Confidential Information, or this Agreement.
This Agreement, together with the Privacy Policy at /legal/privacy and any applicable franchise agreement, constitutes the entire agreement between you and the Company regarding the Platform and supersedes prior agreements on the subject.
Questions about this Agreement may be directed to the Company through the in-app Support page or to the legal contact provided by your franchise relationship.