1. Agreement and applicability
These Terms of Service describe the proposed agreement between Splash App LLC DBA Triton (Triton, we, us, or our), located at 4046 Ponderosa Way, Las Vegas, NV 89118, and the person or business using our websites, pool service software, mobile applications, and related services (the Services). Contact us at hello@triton.co for support or legal questions.
A person accepting finalized Terms for a business must have authority to bind that business. The business is responsible for its authorized users and use of its account. Merely publishing these Terms is not a substitute for presenting them and obtaining an enforceable acceptance through an appropriate signup, purchase, or agreement process.
A signed order form or separate written agreement may add product, processing, pricing, or service commitments. If there is a conflict, a signed agreement governs the subject it expressly addresses; applicable third-party terms govern that third party’s services. Mandatory legal rights cannot be waived by these Terms.
2. Eligibility and authorized access
You must be at least 18, or the age of legal majority where you live if higher, and legally able to enter the applicable agreement. The Services are intended for legitimate business use. You must provide accurate registration and billing information and keep it reasonably current.
Only authorized users may access an account. Do not impersonate another person, misrepresent authority, use another organization’s data without authorization, or bypass access restrictions. A business administrator is responsible for granting suitable access and removing it when a user no longer needs it.
3. Accounts and security responsibilities
Protect credentials and devices, do not share individual login credentials where separate user accounts are required, and use available security features. You are responsible for activity conducted by your authorized users, subject to applicable law and any fault attributable to Triton.
Notify Triton promptly through an established support channel if you suspect unauthorized access or compromised credentials. Triton may take proportionate protective steps to prevent a security incident, including temporarily restricting access. Such action does not eliminate Triton’s responsibility to maintain appropriate safeguards or comply with incident-notification obligations.
4. Services and limited license
Subject to the finalized agreement and applicable subscription, Triton grants a limited, non-exclusive, non-transferable right for authorized users to access the Services for the business’s operations. A mobile application license permits use on supported devices that you own or control, subject to the applicable store’s usage rules.
Features may vary by product, release, device, operating system, subscription, integration, and permissions. A description of a prospective or optional feature is not a promise that it is enabled for every account. The Services may require internet access and compatible hardware; you are responsible for your connectivity and device charges.
5. Subscriptions, pricing, and taxes
The applicable checkout, order form, or signed agreement must identify the price, billing unit, billing interval, included usage, and any authorized additional charges before purchase. Pricing is expressed per tech where stated in the relevant offer. These Terms do not override the specific price or commitments accepted in your order.
You are responsible for applicable taxes except taxes on Triton’s net income, unless the price is expressly tax-inclusive or law provides otherwise. Metered or third-party costs, such as messaging or payment processing, may be charged only if disclosed and agreed; marketing claims about included features must remain consistent with actual billing.
A free trial or promotional offer, if available, must disclose its duration, limitations, and any conversion to a paid subscription before enrollment. No undisclosed charge or automatic trial conversion is authorized by this draft.
6. Renewal, payment authorization, and cancellation
If your accepted order expressly provides for a recurring subscription, you authorize the agreed recurring charges until you cancel through the specified method. Renewal frequency, price, cancellation method, and any required renewal reminders must be presented before enrollment. Triton must obtain affirmative authorization where required rather than relying solely on these Terms.
The finalized purchase flow must make cancellation reasonably accessible and specify when it takes effect. Unless your order or mandatory law states otherwise, cancellation stops future renewal and access continues through the paid period. Refund eligibility, prorating, and any minimum commitment must be stated in the accepted offer; this draft does not impose an undisclosed non-refundable policy or contract term.
If a subscription is purchased through Apple or Google, store billing and refund procedures apply as required by the store and law. Deleting an app or requesting account deletion does not necessarily cancel store billing; the deletion flow should clearly explain any separate cancellation step. Disputed charges should be raised promptly, without limiting statutory rights.
7. Your customers’ payments and autopay
Where a business uses enabled invoicing, payment, or autopay features, the business is responsible for accurate prices, invoices, tax treatment, refunds, and any dispute with its customer. Triton is not the pool service provider or party to the business’s service agreement merely because its software is used for billing.
A customer must knowingly authorize recurring or automatic payments under a clear disclosure before enrollment. The authorization should explain the merchant, charge amount or calculation, frequency or triggering event, payment method, and cancellation procedure, and provide a copy where required. A service signup alone is not sufficient unless valid payment authorization is explicitly included in the signup process.
The business must preserve required authorization records, honor revocation, and follow payment-provider rules and applicable consumer, banking, and card-network requirements. Triton must not represent that a boilerplate policy automatically enrolls customers in lawful autopay.
8. Business operations and professional responsibilities
You remain responsible for the actual pool service work, customer contracts, permits, licensing, insurance, chemical handling, safety procedures, employment practices, and compliance with applicable law. Route suggestions, service records, reminders, reports, and other outputs support operations but do not replace professional judgment or legally required inspections.
Verify quotes, schedules, billing, measurements, assignments, and other consequential outputs before relying on them. Triton does not guarantee business revenue, customer acquisition, regulatory compliance, water safety, or a particular operational result. Workforce pay or performance calculations must be reviewed against applicable wage, overtime, and recordkeeping obligations.
9. Your data and content
As between you and Triton, you retain rights in the customer records, photos, messages, business information, and other content you submit, subject to third-party rights. You grant Triton only the rights reasonably needed to host, process, transmit, display, and otherwise use that content to deliver the Services, maintain security, and comply with lawful obligations under the applicable agreement.
You represent that you have the authority and lawful basis needed to submit the content and direct its processing. Do not upload content that infringes intellectual property or privacy rights. Triton’s use of personal information is governed by the Privacy Policy and any applicable data-processing agreement; a content license is not permission for unrelated marketing or model training.
You are responsible for reviewing content accuracy, maintaining appropriate permissions, and obtaining any consent needed for photos of people or private property. You should maintain records and exports appropriate for your business continuity needs; any contractual backup or recovery commitments must be stated separately.
10. Customer messages, marketing, and consent
You may use enabled messaging features only for lawful communications to recipients you are authorized to contact. You are responsible for sender identity, consent, content, sending frequency, permitted hours, suppression lists, and compliance with applicable telephone, electronic messaging, marketing, and carrier rules, including TCPA and CAN-SPAM where applicable.
When required, obtain separate affirmative consent before sending automated promotional texts or calls. Identify the sender and program, explain message frequency and possible charges, provide STOP and HELP instructions where supported, and retain evidence of the disclosure and consent. Consent must not be a condition of purchasing an unrelated service where prohibited, and a purchased contact list is not proof of valid permission.
Honor opt-outs and revocations promptly and do not evade them by switching numbers, channels, or accounts. Do not sell or transfer consent to unrelated senders without a lawful basis. Obtain any legally required consent before recording calls or distributing recordings. Triton may restrict messaging that presents a material legal, security, or carrier-compliance risk, but does not assume your obligation to secure valid recipient consent.
11. Location and workforce monitoring
If your business enables GPS, attendance, route visibility, or workforce-monitoring features, you are responsible for a lawful and proportionate deployment. Inform affected users what is collected, why it is collected, when collection occurs, who can access it, and how long it is retained. Device permission is not automatically sufficient consent under employment or privacy law.
Do not use the Services for undisclosed surveillance, unauthorized tracking outside permitted working periods, unlawful discrimination, or solely automated consequential employment decisions where prohibited. Background collection must be supported by implemented controls, clear disclosures, and appropriate permissions. Location and performance information should be treated as potentially sensitive business and personal data.
12. Acceptable use and prohibited conduct
Use the Services responsibly and within authorized scope. Nothing in these restrictions prevents conduct that applicable law expressly permits and cannot be contractually restricted.
- Do not use the Services for illegal activity, harassment, threats, fraud, deceptive messaging, or exploitation.
- Do not upload malicious code, disrupt availability, overload systems, circumvent rate limits, or attempt unauthorized access.
- Do not scrape or extract another business’s records, evade account restrictions, or disclose information you are not authorized to access.
- Do not infringe copyrights, trademarks, privacy rights, or confidentiality obligations.
- Do not reverse engineer protected software or resell access except as expressly authorized or permitted by non-waivable law.
- Do not submit fake reviews, impersonate customers, manipulate feedback deceptively, or use automation to circumvent platform policies.
- Do not use the Services for emergency response or safety-critical decisions requiring an independently verified system.
13. Third-party services and integrations
Enabled integrations may connect your account to independent providers for payments, messaging, calendars, maps, customer relationship management, or other functions. You are responsible for reviewing their terms, authorizing appropriate access, and ensuring the information you send is permitted. Integration availability may depend on the third party’s service, credentials, pricing, limits, and policy changes.
Triton does not control independent services and cannot guarantee their availability or conduct. This does not excuse Triton from its obligations for providers it uses to perform its own contracted duties. Revoke credentials or disconnect an integration when access is no longer needed; copies already sent to an independent provider are governed by applicable agreements and that provider’s practices.
14. Triton intellectual property and feedback
Triton and its licensors retain rights in the software, design, documentation, trademarks, and other materials provided as part of the Services, excluding your content and third-party materials. No ownership transfer is implied by access to the Services. Do not remove proprietary notices or imply endorsement without permission.
If you voluntarily provide suggestions about the Services, Triton may use those suggestions to improve its products without an obligation to compensate you, unless a separate agreement states otherwise. This permission does not authorize disclosure of confidential business information or unrelated use of personal information.
15. Privacy, confidentiality, and processing terms
The Privacy Policy describes information practices and must be read alongside these Terms. For personal information processed on a business’s behalf, the parties should enter any processing agreement required by applicable law, addressing instructions, safeguards, subprocessors, transfers, rights assistance, incidents, and return or deletion of information.
Each party must protect the other’s non-public confidential information with reasonable care and use it only for the agreed relationship, except where independently developed, lawfully obtained, public without breach, or required by law. Required legal disclosures should be limited to what is necessary, with notice to the other party when legally permitted.
16. Availability, updates, and service changes
Triton may maintain, update, and improve the Services, and interruptions may occur for maintenance, security, connectivity, or third-party failures. No specific uptime, response time, or support level is promised unless included in a separate accepted agreement. Material changes affecting a paid commitment should be communicated with appropriate notice and any required remedy.
You may need to install updates to maintain compatibility or security. Triton should not remove core paid functionality or introduce charges contrary to an accepted commitment merely by changing these Terms. Where a feature is discontinued, reasonable notice and an opportunity to retrieve relevant business records should be provided when practicable and required.
17. Suspension and termination
Access may be restricted or suspended for a material breach, unlawful activity, significant security risk, or nonpayment of undisputed agreed charges. Where practicable, Triton should explain the reason and provide a reasonable opportunity to resolve the issue. Immediate action may be necessary to protect people, data, or systems; restrictions should be proportionate to the risk.
Either party may end the relationship under the accepted subscription terms or signed agreement. On termination, the access license ends as specified and any lawful payment obligations remain. Triton should explain the available export period and data-deletion process; no fixed export or retention period is asserted in this draft. Confidentiality, accrued payment obligations, and provisions intended to survive remain applicable to the extent lawful.
18. Account closure, exports, and deletion
Account deletion is distinct from cancellation and must follow a verified request process. Where the app allows account creation, the operator must implement the required in-app deletion path and, for applicable Google Play distribution, a public web request resource before release. These Terms do not create those controls.
You should export information needed for your business before closure where export is available. Deletion may remove user access and associated data while retaining narrowly scoped information required for law, security, or claims. Records controlled by a business customer may require that business’s instructions. The Privacy Policy and finalized deletion process must describe applicable scope, timing, and exceptions.
19. Warranties and disclaimers
To the extent permitted by law and except for express commitments in an accepted agreement, the Services are provided on an as-is and as-available basis. Triton does not warrant that the Services will always be uninterrupted, error-free, or suitable for every particular use, or that every result or third-party output will be accurate.
Nothing excludes a warranty, consumer guarantee, duty of care, or other right that cannot legally be excluded. A disclaimer does not negate an express promise about the Services, authorize deceptive conduct, or relieve either party of non-waivable privacy and security obligations.
20. Limits of liability
To the extent permitted by applicable law, neither party is liable to the other for indirect, incidental, special, punitive, or consequential damages, including lost profits or business opportunities, arising from the Services, except where such a restriction is prohibited or inconsistent with an express agreement.
Subject to mandatory law and any different signed agreement, the proposed aggregate limit for ordinary contractual claims is the amount paid or payable for the affected Services during the twelve months preceding the event giving rise to the claim. This proposed allocation requires legal review before finalization and is not intended to limit liability that cannot be limited by law.
These restrictions do not exclude liability for fraud, willful misconduct, death or personal injury caused by negligence where exclusion is unlawful, or any other non-excludable liability. Any exceptions for confidentiality, security, intellectual property, or indemnities should be expressly negotiated where appropriate.
21. Claims, disputes, and applicable law
Before initiating a formal dispute, the parties should make a good-faith effort to resolve the issue through their established business contacts, unless urgent relief or a statutory filing deadline makes that impractical. This does not prevent reporting concerns to regulators or exercising non-waivable legal rights.
Triton’s business address is in Las Vegas, Nevada. The contractual governing law and appropriate forum must be selected with legal review before these Terms are finalized; the mailing address alone does not determine those provisions. Mandatory protections applicable to a user’s location remain effective. This draft does not impose binding arbitration, a class-action waiver, or a blanket obligation to indemnify Triton.
22. Apple App Store and Google Play terms
Where an app is distributed through Apple, the application license is between you and Triton, not Apple. Triton is responsible for the app and its content, required support and maintenance, and applicable product, legal-compliance, and intellectual-property claims. Apple has no obligation to provide support or maintenance for the app.
To the extent required by Apple’s terms, if the app fails to conform to an applicable warranty, you may notify Apple and Apple may refund the app purchase price. To the maximum extent permitted by law, Apple has no other warranty obligation for the app. Apple and its subsidiaries are third-party beneficiaries of the applicable end-user license terms and may enforce them against you upon acceptance.
You must comply with applicable third-party agreements when using the app and with relevant export and sanctions laws. Where required by Apple’s minimum terms, you represent that you are not located in a country subject to applicable United States embargo restrictions or designated as terrorist-supporting, and are not listed on an applicable prohibited or restricted party list, subject to current law.
Google Play distribution is subject to applicable Google Play terms, billing rules, and developer policies. Neither a store’s approval nor publication of these Terms is a guarantee of legal compliance. The final app, privacy declarations, permissions, content, consent flows, deletion controls, and operator contact must independently satisfy current store requirements.
23. Changes and general provisions
Material amendments to finalized Terms should be communicated in advance when required, with the revised effective date and any required acceptance process. Changes should not retroactively alter agreed charges or claims without a lawful basis. A business that does not accept a material change should have any cancellation rights provided by its agreement or applicable law.
If a provision is unenforceable, the remaining provisions continue to the extent lawful. Failure to enforce a provision immediately is not a permanent waiver. Neither party may assign obligations in a manner that unlawfully prejudices the other; any permitted assignment remains subject to the applicable agreement and data-protection duties. Except for the specified Apple beneficiaries and mandatory law, these Terms do not create rights for unrelated third parties.
Events outside reasonable control may delay performance, but do not excuse obligations that law requires or the obligation to take reasonable mitigation steps. These Terms and any incorporated accepted agreement comprise the agreement for their subject matter, without excluding liability for statements that cannot lawfully be excluded.
24. Legal notices and contact information
The Services are operated by Splash App LLC DBA Triton. Send legal notices and correspondence to 4046 Ponderosa Way, Las Vegas, NV 89118, United States. Contact hello@triton.co for legal questions, support, complaints, and service assistance.
Privacy and account-deletion requests may also be sent to hello@triton.co as described in the Privacy Policy. A public legal document does not replace a working in-app deletion flow or affirmative customer consent where required. Mobile-app practices and these draft Terms still require review before app-store submission.
