These Terms of Service (“Terms”) govern your use of DeweyIQ. By creating an account, accessing, or using DeweyIQ, you agree to these Terms. DeweyIQ is a product of Coastal Bay Digital LLC, a Delaware limited liability company (“Coastal Bay Digital”, “we”, “us”, “our”). If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity, in which case “you” refers to that entity.
Introduction
DeweyIQ provides pool service management software for pool service companies, including route management, field reporting, water chemistry tracking, dispatch, invoicing, customer payments, and a customer-facing portal. DeweyIQ is intended for use by the owners, office staff, and field technicians of residential and commercial pool service businesses.
DeweyIQ is a software tool. It is not a water-treatment service, not a chemical supplier, not a tax or legal advisor, and not a substitute for the professional judgment of a qualified pool service professional. The outputs of the platform — including dosing recommendations, predicted readings, AI-generated diagnoses, scheduling suggestions, and tax-rate suggestions — are informational aids and must be independently verified by a qualified person before being acted upon. See the dedicated sections below for the specific disclaimers that apply to each feature.
Accounts & eligibility
You must be 18 or older and legally able to enter into contracts. You agree to provide accurate information and keep it up to date. You are responsible for all activity under your account and for keeping your credentials confidential. You are responsible for the acts and omissions of every user you authorize on your account, including employees, contractors, and field technicians, as if they were your own.
Subscription & billing
DeweyIQ is sold on a subscription basis with tiers based on pool count. All plans begin with a 14-day free trial. Subscriptions auto-renew at the end of each billing period unless canceled. Pricing, billing terms, refunds, and cancellation are further described in the Billing Terms.
Price changes
We may change subscription prices with at least 30 days' notice via email and an in-app banner. Monthly plans: the new price applies at your next billing cycle after the effective date. Annual plans: your price is locked for your current 12-month term; the new price applies at renewal with 30 days' notice.
Pool-count adjustments
Upgrades (more pools, higher tier) prorate instantly and are billed on your next invoice. Downgrades (fewer pools, lower tier) issue prorated credit applied to your next invoice. Enterprise customers may adjust pool count self-serve at any time from Settings → Subscription.
Cancellation & refunds
Monthly plans: cancel anytime; access continues until the end of the current billing period; no refunds for partial months. Annual plans: no mid-term refunds; cancellation takes effect at the end of your annual term. You can export your data at any time before or during cancellation.
Sales tax responsibility
DeweyIQ provides tools to set a default sales tax rate for your organization, to override that rate per customer, and to suggest a state-level starting point from a customer's ZIP code. These tools are conveniences provided to help you record and collect tax on your invoices. They are not tax advice and not a tax compliance service.
You are solely responsible for:
- Determining the taxability of the products and services you sell in each jurisdiction where you do business, including any labor/service/chemical distinctions that apply (for example, pool cleaning labor may or may not be taxable depending on state).
- Determining and configuring the correct combined sales tax rate (state + county + city + special district) for each customer and each line item.
- Registering with, collecting on behalf of, remitting to, and filing returns with the applicable tax authorities in every jurisdiction where you have a tax obligation.
- Monitoring for nexus, rate changes, exemption certificates, and any other ongoing compliance obligations.
The ZIP-code suggestion feature returns a state-level rate only and may be outdated or inaccurate. Do not rely on it for compliance. To the maximum extent permitted by law, Coastal Bay Digital and DeweyIQ disclaim all liability for any sales tax under-collection, penalty, interest, assessment, or audit outcome arising out of or relating to your use of these tools. When in doubt, consult your state department of revenue or a qualified tax professional.
Acceptable use
You agree not to misuse the service. See the Acceptable Use Policy.
SMS messaging
DeweyIQ delivers transactional SMS to your customers on your behalf via our SMS provider. You — not DeweyIQ — are the sender of these messages from the recipient's perspective, and you are solely responsible for obtaining each customer's consent to receive SMS before adding their phone number to DeweyIQ. By saving a customer's phone number in the platform, you represent and warrant that:
- You have obtained that customer's affirmative consent to receive transactional SMS from your business via DeweyIQ — through a signed service agreement, recorded verbal acknowledgment at intake, or a consent checkbox in the customer portal;
- You have made the customer aware of the message types they will receive (pre-arrival alerts, service confirmations, invoices, payment receipts, quote approvals, weather rescheduling), the message frequency, that message and data rates may apply, and how to opt out;
- You will honor every opt-out request, including those received outside of DeweyIQ.
DeweyIQ honors STOP, UNSUBSCRIBE, HELP, and START keywords platform-wide on every inbound SMS, and immediately blocks all further outbound SMS to a recipient who has texted STOP. You may not attempt to circumvent or override an opt-out, send promotional or marketing content via the transactional SMS campaign, send to numbers you do not have consent for, or scrape or harvest mobile numbers. Misuse of the SMS feature is a material breach of these Terms and grounds for immediate suspension. See our SMS Messaging Policy for the full description of how SMS works on the platform.
You agree to indemnify, defend, and hold Coastal Bay Digital harmless from any and all claims, demands, fines, or proceedings under the Telephone Consumer Protection Act, the CAN-SPAM Act, state mini-TCPA statutes, FCC regulations, or carrier rules arising out of or relating to messages you sent (or caused to be sent) through DeweyIQ, including without limitation any claim alleging lack of prior express written consent.
Pool chemistry & dosing recommendations
READ THIS SECTION CAREFULLY. POOL CHEMICALS ARE HAZARDOUS. IMPROPER HANDLING, STORAGE, OR DOSING OF POOL CHEMICALS CAN CAUSE SERIOUS BODILY INJURY, PROPERTY DAMAGE, OR DEATH.
DeweyIQ generates suggested dose amounts, predicted chemistry readings, target ranges, LSI/CSI values, and related water-chemistry guidance based on (i) readings and pool metadata that you and your technicians enter into the platform, (ii) target ranges and chemical product concentrations that you configure, (iii) generalized water-chemistry formulas, and (iv) machine-learning models trained on historical data (collectively, the “Chemistry Outputs”). The Chemistry Outputs are informational estimates only. They are not a recommendation, prescription, or instruction to apply any specific chemical in any specific amount, and they are not a substitute for the professional judgment of a trained pool service professional.
Chemistry Outputs can be inaccurate or wrong for many reasons, including but not limited to:
- Incorrect, mistyped, or stale chemistry readings, pool volume, surface type, sanitizer type, or product concentration entered into the platform;
- Test-kit error, reagent expiration, operator error, or sample-handling error in the underlying water test;
- Mislabeled, off-spec, counterfeit, or degraded chemical products;
- Bather load, weather, source-water composition, runoff, debris, algae, biofilm, or other factors not captured in the readings;
- Software defects, model drift, transcription errors, integration failures, or other platform issues;
- Differences between residential and commercial water bodies (including water features, fountains, spas, and aquatic facilities) and applicable health-department codes.
Before adding any chemical to any pool, you (and any technician acting on your behalf) must independently verify the dose by (a) confirming the readings, pool volume, and product concentration are correct, (b) consulting the chemical product's Safety Data Sheet (SDS) and label instructions, (c) applying your own professional judgment, and (d) complying with all applicable federal, state, and local health, environmental, and occupational-safety laws, including OSHA Hazard Communication and Personal Protective Equipment standards. You must never add chemicals based solely on a DeweyIQ output without independent verification, and you must never apply incompatible chemicals in a manner or sequence that could produce a hazardous reaction (e.g., combining sodium hypochlorite with acid).
You are solely responsible for the safe handling, storage, transportation, measuring, and application of all chemicals; for the supervision and training of your technicians; for the safety of bathers, pets, and third parties at the service site; for compliance with applicable health-department, environmental, and occupational-safety requirements; and for any decision to add, withhold, or adjust any chemical to any body of water serviced through your use of DeweyIQ.
To the maximum extent permitted by law, Coastal Bay Digital and DeweyIQ disclaim all liability for any bodily injury, illness, death, property damage, equipment damage, plaster or surface damage, equipment corrosion, algae bloom, fish kill, regulatory citation, health-department closure, or any other loss arising out of or relating to (i) any Chemistry Output, (ii) any reliance on a Chemistry Output, or (iii) any chemical handling, dosing, application, omission, miscalculation, or misapplication, whether or not facilitated by DeweyIQ. The remedy for any dispute arising from the Chemistry Outputs is governed by the Limitation of liability section below.
AI features & model-generated content
DeweyIQ includes features powered by third-party large-language models and machine-learning services (for example, photo-based equipment diagnosis, voice-to-data transcription, smart service reports, chemistry prediction, and churn scan). These features are provided as productivity aids only. AI outputs are probabilistic, non-deterministic, and may be inaccurate, incomplete, biased, outdated, or fabricated (“hallucinated”). You are solely responsible for reviewing, verifying, and correcting any AI output before relying on it, sharing it with your customers, or using it as the basis for a service decision. Do not use AI outputs as the sole basis for any chemical dose, equipment repair, safety advisory, medical guidance, or other decision with health, safety, financial, or legal consequences. The disclaimers and limitations in the Chemistry section, the Disclaimer of Warranties, and the Limitation of Liability all apply to AI outputs.
Third-party services
DeweyIQ depends on third-party services to operate, including Stripe (payments), Supabase (auth, database, storage), Telnyx (SMS), Resend (email), Anthropic (AI), Vercel (hosting), Mapbox / OpenRouteService (mapping & routing), and others identified in the DPA. Your use of those services may be subject to the service provider's own terms. We are not responsible for the acts, omissions, performance, availability, accuracy, pricing, or content of third-party services, and we do not warrant any third-party service. Outages, errors, latency, rate-limiting, or changes in any third-party service may affect DeweyIQ; service credits for resulting downtime are governed by the SLA. Routing and ETA data is informational only; you remain solely responsible for safe and lawful operation of your vehicles.
Beta & preview features
We may make features available on a beta, preview, alpha, early-access, or experimental basis. Such features are clearly labeled in-product and are provided “AS IS” for evaluation only. They may be modified, suspended, or removed at any time, are excluded from the SLA, and carry no service credits. Your sole remedy for any issue with a beta feature is to stop using it. The Disclaimer of Warranties and Limitation of Liability apply with full force to beta features.
Your data
You retain ownership of the data you upload or create in DeweyIQ (“Customer Data”). We process Customer Data on your behalf under the Data Processing Agreement. You represent and warrant that you have all rights, consents, and authorizations required to upload Customer Data to DeweyIQ and to have us process it on your behalf, including consents required under federal, state, and local privacy and communications laws (e.g., for SMS, photos, geolocation, and minors).
Service access & support
To provide support, troubleshoot issues, maintain the service, and ensure the security and integrity of the platform, our authorized personnel may access your account and Customer Data. Such access is limited to what is reasonably necessary, is performed by trained staff subject to confidentiality obligations, and is logged in an immutable audit trail. We will not modify your data without your request or consent, except as necessary to resolve a verified technical issue or enforce these Terms.
Termination
You may cancel at any time from Settings → Subscription. We may suspend or terminate accounts that violate these Terms or pose a security risk, with or without notice. Upon termination, we will provide you with a reasonable window to export your data. Sections that by their nature should survive termination — including Your data (ownership), Sales tax responsibility, Pool chemistry & dosing recommendations, AI features, Disclaimer of warranties, Limitation of liability, Indemnification, Disputes, and Miscellaneous — will survive termination of these Terms.
Disclaimer of warranties
EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, DEWEYIQ AND COASTAL BAY DIGITAL PROVIDE THE SERVICE, INCLUDING ALL OUTPUTS, RECOMMENDATIONS, PREDICTIONS, AI-GENERATED CONTENT, ROUTING SUGGESTIONS, ETAs, AND CHEMISTRY OUTPUTS, ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, OR STATUTORY. WE EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DATA WILL NOT BE LOST OR CORRUPTED; THAT CHEMISTRY OUTPUTS, AI OUTPUTS, PREDICTIONS, OR ROUTING WILL BE ACCURATE, CURRENT, OR FREE OF ERRORS; OR THAT DEFECTS WILL BE CORRECTED. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COASTAL BAY DIGITAL, DEWEYIQ, OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS, DATA, OR USE, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WITHOUT LIMITING THE FOREGOING, IN NO EVENT WILL COASTAL BAY DIGITAL'S TOTAL AGGREGATE LIABILITY FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF DEWEYIQ EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
THE PARTIES ACKNOWLEDGE AND AGREE THAT THE FOREGOING LIMITATIONS REFLECT AN ALLOCATION OF RISK BETWEEN THE PARTIES, INCLUDING THE RISK THAT A CONTRACT REMEDY MAY FAIL OF ITS ESSENTIAL PURPOSE AND CAUSE CONSEQUENTIAL LOSS, AND THAT THE PRICING OF THE SERVICE REFLECTS THAT ALLOCATION. THE LIMITATIONS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING WITH RESPECT TO BODILY INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, AND CHEMICAL EXPOSURE ARISING FROM OR RELATING TO ANY CHEMISTRY OUTPUT, AI OUTPUT, ROUTING SUGGESTION, OR OTHER OUTPUT OF THE SERVICE, EXCEPT WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW. Some jurisdictions do not allow the exclusion of certain damages, so some of the above exclusions may not apply to you; in such jurisdictions, our liability is limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless Coastal Bay Digital, its affiliates, and each of their respective officers, directors, employees, contractors, agents, suppliers, and licensors from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, fines, penalties, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and costs of investigation) arising out of or relating to:
- your or your authorized users' access to or use of the Service;
- your provision of pool services to your end customers, including any chemical handling, dosing decision, application, miscalculation, equipment repair, recommendation, or service performed (or not performed) by you or your technicians, whether or not DeweyIQ was used in connection with such services;
- any Customer Data you submit, store, transmit, or have us process, including any claim that such data infringes, misappropriates, or violates the rights of any third party or any law (including privacy, publicity, IP, defamation, and consumer-protection laws);
- any SMS, email, or other communication sent through DeweyIQ on your behalf, including any TCPA, CAN-SPAM, state mini-TCPA, FCC, or carrier-rule claim;
- any sales tax, excise tax, or other tax assessment, penalty, or interest arising from your invoicing or remittance practices;
- your violation of these Terms, the AUP, the Privacy Policy, or applicable law; and
- your end-customer disputes, including disputes over service quality, billing, or refunds.
We will promptly notify you of any claim subject to this section, give you sole control of the defense and settlement (provided that you may not settle a claim that admits liability on our behalf or imposes obligations on us without our prior written consent), and provide reasonable cooperation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will cooperate with us in asserting any available defenses.
Force majeure
Neither party will be liable for any failure or delay in performance (other than payment obligations) to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, pandemic, epidemic, war, terrorism, civil disturbance, government action, embargo, labor strike, internet or telecommunications outage, third-party service-provider failure (including Stripe, Supabase, Telnyx, Resend, Anthropic, Vercel, mapping providers, or hosting providers), DDoS or other cyberattack, or shortage of materials or services.
Modifications to these Terms
We may modify these Terms from time to time. If we make a material change, we will give you at least fourteen (14) days' advance notice by email and an in-app notice, and we will update the “Last updated” date at the top of this page. Subscription price increases are subject to the longer 30-day notice period set out in the Price changes section. Non-material changes (clarifications, typos, formatting, new subprocessor disclosures, expanded examples) take effect upon posting. Your continued use of the Service after the effective date of a change constitutes your acceptance of the modified Terms. If you do not agree to a modification, your sole remedy is to stop using the Service and cancel your subscription before the effective date.
Disputes, arbitration & class-action waiver
Governing law. These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Informal resolution first. Before initiating arbitration, the parties agree to attempt to resolve any dispute informally for at least sixty (60) days by sending a written notice describing the dispute and requested relief to legal@DeweyIQ.com (for us) or the email on file for your account (for you).
Binding individual arbitration.Any dispute, claim, or controversy arising out of or relating to these Terms or your use of DeweyIQ that is not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and, if applicable, its Supplementary Procedures for Consumer-Related Disputes. The arbitration will be conducted by a single arbitrator, seated in Wilmington, Delaware, with the option for telephonic or video hearings. The arbitrator's award is final and binding and may be entered in any court of competent jurisdiction.
CLASS-ACTION AND JURY-TRIAL WAIVER.YOU AND COASTAL BAY DIGITAL AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY CLASS OR REPRESENTATIVE PROCEEDING. EACH PARTY ALSO IRREVOCABLY WAIVES ANY RIGHT TO TRIAL BY JURY. If a court decides this class-action waiver is unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court, while all other claims continue in arbitration.
30-day opt-out. You may opt out of the arbitration agreement and class-action waiver in this section by sending written notice to legal@DeweyIQ.com within thirty (30) days of first accepting these Terms. Opting out does not affect any other part of these Terms.
Exceptions. Either party may bring (i) an individual action in small claims court, and (ii) a claim for injunctive or equitable relief in any court of competent jurisdiction to protect intellectual property rights, confidential information, or unauthorized access to the Service.
Limitation period. Any claim arising out of or relating to these Terms or the Service must be filed within one (1) year after the cause of action accrues, or it is permanently barred, except where applicable law prohibits a shortened limitation period.
Miscellaneous
Entire agreement. These Terms, together with the documents they incorporate (Privacy Policy, AUP, SMS Policy, Billing Terms, SLA, DPA, and Cookie Policy), constitute the entire agreement between you and Coastal Bay Digital regarding DeweyIQ and supersede any prior agreements.
Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.
Assignment. You may not assign or transfer these Terms or any of your rights or obligations without our prior written consent, and any attempted assignment in violation of this section is void. We may assign these Terms without consent in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.
Independent contractors. The parties are independent contractors. These Terms do not create a partnership, joint venture, agency, franchise, or employment relationship.
No third-party beneficiaries. There are no third-party beneficiaries to these Terms.
Notices. We may give you notice by email to the address on file, by in-product notice, or by posting on this page. You may give us notice at legal@DeweyIQ.com.
Export & sanctions. You may not access or use the Service if you are located in, or are a national of, a country subject to U.S. embargo, or if you are on any U.S. government list of restricted or denied parties.
U.S. Government end users.The Service is a “commercial item” as defined in 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation.” U.S. Government end users acquire the Service with only those rights set forth in these Terms.
Headings. Section headings are for convenience only and do not affect interpretation.
Contact
Questions about these Terms? Email legal@DeweyIQ.com. Written legal notice may also be served on Coastal Bay Digital LLC’s registered agent in Delaware, on file with the Delaware Division of Corporations.