Terms of Service and End-User License Agreement

Important separation between PPB and the Builder

Premier Pool Builders App operates solely as a software-platform provider. PPB is not, and will not act as, a pool builder, contractor, subcontractor, construction manager, architect, engineer, inspector, employer of the Builder’s personnel, warranty provider, lender, escrow agent, debt collector, or creditor for construction or service payments owed to a Builder.

PPB does not perform, supervise, inspect, direct, manage, approve, certify, or guarantee any construction, renovation, repair, maintenance, pool-service, warranty, or other work performed by a Builder.

PPB is not a party to any construction, renovation, service, employment, subcontractor, warranty, financing, or payment agreement between a User and a Builder.

PPB may enter into a separate software subscription, licensing, implementation, or support agreement with a Builder. Any such agreement concerns PPB’s provision of software services and does not make PPB a contractor, construction manager, employer, or party to the Builder’s agreements with its customers, employees, or subcontractors.

1. Eligibility and authority

You must be legally capable of agreeing to these Terms.

The Platform is primarily intended for adults and authorized business users. A person under the age of 18 may use the Platform only when legally permitted and with any authorization or consent required from a parent, legal guardian, employer, or Builder.

When you use the Platform on behalf of a business, property owner, employer, or another person or organization, you represent that you have authority to act on that person’s or organization’s behalf.

You may use the Platform only for the organization, project, account, employment relationship, or business purpose for which you have been authorized.

2. The Platform

The Platform may provide software tools for:

• customer and project management;
• estimates, proposals, contracts, and change orders;
• project schedules, phases, milestones, and updates;
• customer selections and approvals;
• work orders and field activities;
• employee and worker timekeeping;
• project communications, photographs, and documents;
• materials, equipment, and warranty records;
• invoices, payment status, credits, and receipts;
• online-payment functionality;
• electronic signatures and document delivery;
• reports and notifications;
• accounting, payment, document, communication, and other third-party integrations;
• other business and project-management functions.

Features available to a User depend on:

• the User’s role and permissions;
• the Builder’s subscription;
• the Builder’s configuration;
• the organization and project associated with the User;
• the features and integrations enabled by the Builder;
• applicable technical, legal, or geographic limitations.

The Builder controls which Users may access the Builder’s projects, records, documents, and Platform features.

PPB may update, modify, add, restrict, replace, suspend, or discontinue Platform features.

3. PPB and the Builder are separate businesses

The Builder is an independent business.

The Builder is not an employee, agent, partner, joint venturer, franchisee, legal representative, or affiliate of PPB merely because the Builder subscribes to or uses the Platform.

The Builder independently controls and is solely responsible for its:

• construction, renovation, repair, maintenance, and pool-service operations;
• contractor, trade, occupational, and business licenses;
• permits, inspections, and regulatory compliance;
• estimates, pricing, deposits, draws, invoices, fees, and charges;
• project scope, schedules, milestones, completion dates, and delays;
• employees, subcontractors, suppliers, consultants, and representatives;
• materials, equipment, installation, workmanship, and safety;
• warranties, warranty coverage, and warranty decisions;
• customer communications, advertising, promises, and representations;
• refunds, credits, billing disputes, liens, and collection activities;
• payroll, compensation, timekeeping, worker classification, and employment decisions;
• compliance with construction, employment, consumer-protection, licensing, tax, safety, privacy, and other applicable laws.

PPB does not control the Builder’s business practices or construction operations.

A Builder’s use of PPB’s name, Platform, portal, document system, payment functionality, electronic-signature functionality, or branding does not mean that PPB recommends, licenses, certifies, endorses, supervises, controls, or guarantees that Builder.

4. Separate construction, service, and employment agreements

The Platform is a software and project-management tool.

The Platform itself is not a:

• construction contract;
• pool-service agreement;
• renovation or repair agreement;
• employment agreement;
• subcontractor agreement;
• warranty;
• financing agreement;
• professional-services agreement.

Your construction, renovation, service, warranty, employment, subcontractor, or other relationship with the Builder is governed by the separate agreement between you and the Builder.

Unless a document clearly states otherwise:

• estimates and proposals displayed through the Platform are issued by the Builder;
• construction and service agreements are between the User and the Builder;
• change orders are agreements between the User and the Builder;
• invoices relate to the Builder’s goods or services;
• warranties are provided by the Builder, manufacturer, or other identified warranty provider;
• project schedules and status information are supplied by the Builder;
• PPB has no responsibility to perform or complete the Builder’s obligations.

No use of the Platform makes PPB a party to a Builder agreement.

No document created, transmitted, stored, approved, or signed through the Platform makes PPB a contractor, subcontractor, construction manager, employer, warranty provider, or party to the underlying transaction.

If these Terms conflict with a separate signed agreement between you and the Builder concerning construction, services, pricing, payments, employment, warranties, or project performance, the separate agreement controls those matters.

These Terms continue to govern your access to and use of the Platform.

Questions or disputes involving construction, workmanship, delays, estimates, pricing, invoices, change orders, refunds, warranties, project performance, employment, or the Builder’s conduct must be directed to the Builder.

5. Invitations, accounts, and access

Accounts may be created through an invitation sent by the Builder or through another registration method approved by PPB.

You agree to:

• provide accurate and current information;
• use only your assigned account;
• maintain the confidentiality of your login credentials;
• promptly correct inaccurate account information;
• notify PPB or the Builder if you suspect unauthorized access;
• secure your account when using a shared device;
• comply with the roles and permissions assigned to you.

An invitation is intended only for the person and email address identified in that invitation.

You may not:

• forward an invitation to an unauthorized person;
• share your credentials;
• use another person’s account;
• allow another person to impersonate you;
• impersonate another person;
• attempt to access functions or information outside your assigned permissions.

The Builder may assign and modify User roles and permissions.

Your access may be limited to particular organizations, projects, work orders, documents, or functions.

You are responsible for activity conducted through your authenticated account to the extent permitted by applicable law.

6. Acceptance of these Terms

You accept these Terms when you intentionally take an action that clearly indicates acceptance, including selecting an account-activation or continuation button accompanied by a notice that the action constitutes agreement to these Terms.

Acceptance actions may include:

• selecting “Access My Project”;
• selecting “Activate My Account”;
• selecting “Join Company”;
• selecting “Review and Continue”;
• creating or activating an account after being presented with these Terms;
• continuing to use the Platform after receiving legally sufficient notice of updated Terms.

PPB may maintain an electronic record of acceptance that includes:

• the User’s identity;
• the User’s organization;
• the applicable invitation;
• the Terms version;
• the date and time of acceptance;
• the acceptance action;
• the IP address;
• device, browser, or user-agent information;
• other information reasonably necessary to document acceptance.

PPB is not required to obtain a separate checkbox when another clear and affirmative activation or continuation action is used.

7. Limited license

Subject to compliance with these Terms, PPB grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform solely for the authorized project, employment, customer, or business purpose associated with your account.

This license does not transfer ownership of the Platform or any PPB intellectual property.

You may not:

• copy, reproduce, sell, rent, lease, sublicense, or commercially exploit the Platform;
• reverse engineer, decompile, disassemble, or attempt to derive its source code, except where applicable law expressly prohibits that restriction;
• modify the Platform or create derivative software from it;
• build or assist in building a competing product using PPB technology, workflows, interfaces, or confidential information;
• circumvent authentication, permissions, organization isolation, subscription limits, rate limits, or security controls;
• access another organization’s, project’s, customer’s, employee’s, or User’s information without authorization;
• use bots, crawlers, scraping tools, or unauthorized automated processes;
• remove copyright, trademark, or proprietary notices;
• use Platform data or functionality to train a competing system without PPB’s written authorization.

8. Acceptable use

You may not use the Platform to:

• engage in fraud, deception, unlawful surveillance, or illegal conduct;
• impersonate another person;
• misrepresent your identity, authority, or affiliation;
• knowingly submit materially false or misleading information;
• upload malware, malicious code, or harmful files;
• disrupt or interfere with the Platform;
• probe, scan, or test security vulnerabilities without written authorization;
• harass, threaten, defame, discriminate against, or unlawfully monitor another person;
• violate intellectual-property, privacy, publicity, contractual, or other rights;
• falsify timekeeping, location, payment, work, approval, document, or signature information;
• obtain or attempt to obtain information belonging to another Builder or organization;
• use another User’s credentials or invitation;
• interfere with another User’s authorized use of the Platform.

If the Platform unintentionally displays information that you are not authorized to view, you must:

• Stop accessing the information.
• Refrain from copying, saving, using, or disclosing it.
• Promptly notify PPB.

PPB may investigate suspected violations and preserve relevant records when reasonably necessary to protect the Platform, Builders, Users, or legal rights.

9. Builder Content and Platform information

Most construction, project, pricing, scheduling, warranty, employment, customer, and operational information displayed through the Platform is entered, uploaded, or controlled by the Builder.

PPB does not independently verify every item of Builder-provided information.

PPB does not guarantee the accuracy, completeness, legal sufficiency, or current status of:

• project schedules;
• completion percentages;
• estimates;
• prices;
• invoices;
• change orders;
• selections;
• warranties;
• work records;
• photographs;
• messages;
• Builder-created documents;
• employment or timekeeping records entered or approved by the Builder.

Information displayed through the Platform may be corrected, changed, or supplemented by the Builder.

A User should not rely on the Platform as the sole source of information during an emergency or when an executed agreement, official notice, permit, inspection record, invoice, warranty document, or other controlling record applies.

10. User Content

You retain any ownership rights you have in messages, photographs, videos, documents, notes, signatures, and other information you submit through the Platform.

By submitting content, you grant PPB and the applicable Builder a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, transmit, display, convert, back up, and otherwise use the content as reasonably necessary to:

• provide and secure the Platform;
• make the content available to authorized Users;
• administer and document the applicable project or relationship;
• support requested integrations and transactions;
• maintain legal, accounting, tax, warranty, employment, security, and audit records;
• investigate and resolve technical or security issues;
• comply with applicable law and lawful requests.

You represent that:

• you have the right to submit the content;
• the content does not violate applicable law;
• the content does not infringe another person’s rights;
• the content does not contain malicious software;
• any personal information you submit is reasonably related to an authorized use of the Platform.

PPB does not acquire ownership of Builder or User records merely because they are stored or processed through the Platform.

11. Documents, approvals, and electronic signatures

The Platform may allow the Builder or a User to prepare, transmit, review, approve, reject, or electronically sign:

• estimates;
• proposals;
• contracts;
• change orders;
• material selections;
• authorizations;
• warranty documents;
• completion records;
• other project or business records.

Unless a document expressly states otherwise:

• the document is issued by or for the Builder;
• PPB is not a party to the document;
• PPB does not determine the document’s price, scope, terms, accuracy, or legal sufficiency;
• PPB does not guarantee either party’s performance;
• the Builder is responsible for ensuring that its documents comply with applicable law.

Your authenticated button selection, typed name, checkbox, electronic signature, approval, rejection, or similar electronic action may be recorded as evidence of your intent and authorization.

PPB provides the software functionality used to create or record the electronic action. PPB does not become a party to the underlying document.

12. Electronic communications and records

You agree to conduct Platform-related transactions electronically.

You consent to receive Platform-related:

• agreements;
• estimates;
• change orders;
• selections;
• invoices;
• receipts;
• project communications;
• account notices;
• security notices;
• other records

through the Platform, email, in-app notifications, push notifications, or another electronic method associated with your account.

Text messages will be sent only when separately authorized or otherwise legally permitted.

Electronic records, acceptance actions, and signatures may have the same legal effect as paper records and handwritten signatures.

To access and retain electronic records, you must have:

• an internet-connected device;
• a compatible browser;
• access to the email address associated with your account;
• software capable of displaying standard web pages and PDF files;
• sufficient storage or printing capability.

Applicable records should be available in a form that can be viewed, downloaded, saved, or printed.

You may withdraw your consent to conduct Platform transactions electronically by contacting:

[email protected]

Withdrawal may prevent continued Platform use. It does not affect the validity of transactions, signatures, acceptance actions, or electronic records completed before withdrawal.

13. Invoices and payments

The Platform may allow a Builder to display invoices and facilitate payments through third-party payment processors such as Stripe.

The underlying amount is owed to the Builder under the User’s separate agreement with the Builder.

The Builder is responsible for:

• determining the amount due;
• the accuracy and validity of the invoice;
• payment schedules and due dates;
• refunds and credits;
• taxes and processing fees;
• charge disputes;
• the underlying goods or services;
• complying with applicable payment and consumer laws.

PPB is not and will not become the construction-payment creditor, lender, bank, escrow agent, debt collector, or party entitled to the Builder’s construction or service payment merely because payment functionality is available through the Platform.

PPB provides software functionality that may transmit transaction information between the User, Builder, payment processor, and connected accounting services.

Payment transactions may be subject to the payment provider’s terms, verification procedures, processing times, limits, declines, reversals, and security controls.

A declined, failed, returned, reversed, or disputed payment does not eliminate an otherwise valid payment obligation owed to the Builder.

Payment through the Platform does not modify a separate agreement with the Builder unless the Builder expressly agrees in writing.

Nothing in this section prevents PPB from charging a Builder separately for PPB software subscriptions, licensing, implementation, support, or other Platform services under a separate agreement between PPB and the Builder.

14. Third-party services

The Platform may connect with third-party services, including:

• payment processors;
• accounting platforms;
• electronic-signature providers;
• cloud-hosting and storage providers;
• email and notification providers;
• mapping and location providers;
• authentication and security providers;
• other services authorized by PPB or the Builder.

Third-party services are governed by their own terms, policies, availability, and security practices.

PPB does not control a third party’s independent services and is not responsible for an interruption, error, policy change, security event, or action caused solely by that provider.

PPB may modify or discontinue an integration if the third-party provider changes its services, permissions, technical requirements, pricing, availability, or policies.

This section does not exclude responsibility for PPB’s own conduct or any responsibility that cannot legally be excluded.

15. Employees, workers, timekeeping, and location features

A Builder may enable timekeeping, work-order, field-activity, or location features for employees, workers, or subcontractors.

When enabled, the Platform may record information such as:

• clock-in and clock-out activity;
• dates and hours worked;
• assigned projects or work orders;
• location associated with an authorized timekeeping or field action;
• notes, photographs, and work documentation;
• device, login, and audit information.

The Builder is responsible for:

• notifying its employees and workers about the use of these features;
• providing any legally required workforce or location notice;
• obtaining any legally required consent;
• complying with wage-and-hour, payroll, employment, monitoring, privacy, and recordkeeping laws;
• reviewing and correcting time records;
• determining compensation and worker classification.

PPB is not the employer of Users invited or managed by the Builder.

PPB does not determine compensation, hours owed, payroll calculations, disciplinary action, employee classification, worker status, workplace policies, or employment compliance.

An employee’s acceptance of these Terms does not replace any workforce, privacy, monitoring, or location notice that the Builder is legally required to provide.

16. Privacy

PPB’s collection, use, disclosure, retention, and protection of personal information are described in the separate Premier Pool Builders App Privacy Policy.

The Builder may also maintain its own:

• privacy notices;
• employee-monitoring notices;
• location notices;
• record-retention policies;
• customer disclosures;
• workplace policies.

Questions concerning a specific construction project, employee record, invoice, warranty, customer relationship, or other Builder-controlled record may be referred to the applicable Builder.

17. Platform ownership and intellectual property

The Platform and its underlying technology are owned by Ecomtraders & Investments Inc. d/b/a Premier Pool Builders App or its licensors.

This includes:

• source code and object code;
• software architecture;
• database structures;
• workflows and business processes;
• interfaces and layouts;
• designs and graphics;
• documentation and Platform text;
• features and functionality;
• names, logos, and branding;
• trade secrets and know-how.

The Platform is protected by applicable copyright, trademark, trade-secret, contract, and other laws.

Builder names, logos, photographs, documents, customer information, and business content remain the property of the Builder or their respective owners.

Except for the limited license expressly granted in these Terms, no ownership right is transferred to a User.

18. Feedback

If you voluntarily provide suggestions, ideas, comments, or feedback concerning the Platform, you grant PPB the unrestricted right to use, modify, incorporate, reproduce, and commercialize that feedback without compensation or obligation.

PPB will not publicly identify you as the source of the feedback without permission.

Do not submit another person’s confidential information or intellectual property as feedback without authorization.

19. Security

PPB uses reasonable administrative, technical, and organizational safeguards designed to protect the Platform and information processed through it.

No electronic system, network, transmission, or storage method can be guaranteed to be completely secure.

You must promptly notify PPB if you suspect:

• unauthorized account access;
• credential theft;
• improper disclosure;
• a security vulnerability;
• access to another organization’s information;
• misuse of the Platform.

You may not exploit or publicly disclose a suspected vulnerability before giving PPB a reasonable opportunity to investigate and address it.

PPB may temporarily restrict access, invalidate credentials, require password changes, suspend integrations, or take other reasonable measures to protect the Platform and its Users.

20. Availability and changes

The Platform may be temporarily unavailable because of:

• scheduled maintenance;
• emergency maintenance;
• software errors;
• utility or internet interruptions;
• third-party outages;
• security incidents;
• natural disasters;
• governmental actions;
• events outside PPB’s reasonable control.

PPB may update, modify, replace, limit, suspend, or discontinue features.

PPB does not guarantee that every feature, integration, or workflow will remain available indefinitely.

The Builder is responsible for maintaining reasonable alternative procedures for time-sensitive construction, safety, employment, payment, and customer-service activities during an interruption.

21. Suspension and termination

PPB may suspend, restrict, or terminate access when reasonably necessary because of:

• violation of these Terms;
• suspected fraud, abuse, or unlawful activity;
• unauthorized access;
• a security risk;
• a request from the Builder;
• termination or suspension of the Builder’s subscription;
• a legal requirement;
• protection of PPB, the Builder, Users, or others.

The Builder may separately disable a User’s access based on the Builder’s relationship with that User.

When access ends:

• the User’s Platform license ends;
• the User must stop accessing the Platform;
• records may remain available to the Builder;
• records may be retained for legal, accounting, tax, warranty, employment, audit, backup, security, and dispute-resolution purposes.

Termination of Platform access does not automatically require deletion of information that PPB or the Builder is permitted or required to retain.

Sections that by their nature should survive termination will remain effective.

22. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.”

PPB DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES CONCERNING THE PLATFORM, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, SECURITY, AND QUIET ENJOYMENT.

PPB does not warrant that:

• the Platform will always be available, uninterrupted, secure, or error-free;
• every defect will be corrected;
• information supplied by a Builder or User is accurate or complete;
• a Builder will meet a schedule or perform its obligations;
• Builder-created documents comply with applicable law;
• third-party services will remain available;
• use of the Platform will prevent every security incident or data loss;
• the Platform will satisfy every Builder’s legal, accounting, construction, employment, or recordkeeping obligations.

Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

23. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PPB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, LICENSORS, AND AFFILIATES WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL, OR OPPORTUNITY ARISING FROM OR RELATED TO THE PLATFORM OR THESE TERMS.

PPB IS NOT LIABLE FOR DAMAGES CAUSED BY OR ARISING FROM:

• THE BUILDER’S CONSTRUCTION, SERVICES, WORKMANSHIP, DELAYS, PRICING, BILLING, WARRANTIES, EMPLOYEES, SUBCONTRACTORS, MATERIALS, EQUIPMENT, SAFETY, OR LEGAL COMPLIANCE;
• A DISPUTE BETWEEN A USER AND THE BUILDER;
• INFORMATION OR CONTENT SUPPLIED BY THE BUILDER OR ANOTHER USER;
• UNAUTHORIZED USE OF CREDENTIALS NOT CAUSED BY PPB;
• A THIRD-PARTY SERVICE OR INTEGRATION;
• A USER’S FAILURE TO RETAIN A DOCUMENT OR FOLLOW A SEPARATE AGREEMENT;
• A BUILDER’S FAILURE TO MAINTAIN ALTERNATIVE PROCEDURES DURING PLATFORM DOWNTIME.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PPB’S TOTAL AGGREGATE LIABILITY ARISING FROM A USER’S USE OF THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

• One hundred dollars ($100); or
• The amount the User paid directly to PPB for Platform access during the 12 months before the event giving rise to the claim.

The limitations in this section apply regardless of the legal theory asserted and even if a remedy fails of its essential purpose.

Nothing in these Terms limits liability for fraud, willful misconduct, or another liability that cannot lawfully be limited.

Some jurisdictions do not allow certain warranty disclaimers or limitations of liability. In those jurisdictions, these provisions apply only to the maximum extent permitted by applicable law.

24. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify and hold harmless PPB and its officers, directors, employees, contractors, affiliates, and licensors from claims, losses, liabilities, damages, penalties, expenses, and reasonable attorneys’ fees arising from:

• your unlawful or unauthorized use of the Platform;
• your material violation of these Terms;
• content you knowingly submit without authorization;
• your infringement of another person’s rights;
• your fraudulent, deceptive, or malicious conduct;
• your intentional unauthorized access to another account, project, or organization.

You are not required to indemnify PPB for PPB’s fraud, willful misconduct, or liability that cannot legally be shifted to you.

PPB may assume control of the defense of a covered claim. You agree to provide reasonable cooperation.

PPB will not settle a claim in a manner that requires you to admit personal wrongdoing or accept a nonmonetary obligation without your consent.

25. Disputes involving the Builder

Disputes concerning the Builder’s:

• construction or services;
• contracts;
• estimates;
• prices;
• invoices;
• payment schedules;
• change orders;
• refunds;
• warranties;
• employment decisions;
• workmanship;
• delays;
• project performance;
• employees or subcontractors

are between the User and the Builder.

Any dispute-resolution, mediation, arbitration, governing-law, venue, lien, notice, or claim provisions in the User’s separate agreement with the Builder govern that relationship.

PPB is not required to investigate, mediate, decide, or resolve disputes between Users and Builders.

PPB may preserve records, restrict access, or respond to lawful requests concerning a dispute without becoming a party to that dispute.

26. Governing law and disputes involving PPB

These Terms and any dispute specifically between a User and PPB concerning the Platform are governed by the laws of the State of Florida, without regard to conflict-of-law principles.

This choice of Florida law does not deprive a User of any consumer-protection, privacy, employment, or other right provided by the law of the User’s state of residence or employment that cannot lawfully be waived by contract.

Before filing a legal action against PPB, you agree to provide PPB with a written description of the dispute by emailing:

[email protected]

The parties will have 30 days after PPB receives the notice to attempt to resolve the dispute informally.

The informal-resolution requirement does not:

• prevent either party from requesting emergency or temporary injunctive relief;
• prevent a party from filing an action before an applicable legal deadline expires;
• apply when prohibited by applicable law.

To the fullest extent permitted by applicable law, any court proceeding specifically involving PPB or these Terms must be brought in a state or federal court serving the Florida county in which Ecomtraders & Investments Inc. maintains its principal place of business when the proceeding is filed.

However, this venue provision does not prevent:

• an eligible individual claim from being filed in small-claims court;
• a User from filing in another location when applicable law gives the User a non-waivable right to do so;
• a government agency or regulator from exercising its lawful authority.

This section applies only to disputes involving PPB or use of the Platform.

It does not govern disputes solely between a User and the Builder. Disputes involving the Builder’s construction, services, invoices, warranties, employment decisions, or project performance are governed by the User’s separate agreement with the Builder and applicable law.

27. Changes to these Terms

PPB may update these Terms to reflect changes in:

• Platform functionality;
• business operations;
• security practices;
• third-party integrations;
• legal or regulatory requirements.

The effective date will be updated when revised Terms are published.

For material changes, PPB may provide notice through the Platform, by email, or through another reasonable method.

PPB may require a User to select “Review and Continue” or another acceptance button before continuing to use the Platform.

Previous acceptance records may remain part of PPB’s legal, security, and audit records.

Updated Terms do not amend or replace a separate agreement between the User and the Builder.

28. Assignment

You may not transfer your account or assign these Terms without PPB’s written consent.

PPB may assign these Terms in connection with:

• a merger;
• acquisition;
• corporate reorganization;
• financing;
• sale of assets;
• transfer of the Platform;
• transfer of the related software business.

Any assignment remains subject to rights that cannot lawfully be limited or transferred.

29. Force majeure

PPB will not be responsible for delay or failure caused by events outside its reasonable control, including:

• natural disasters;
• severe weather;
• fire or flood;
• war or terrorism;
• civil unrest;
• labor disputes;
• governmental action;
• utility interruption;
• telecommunications or internet failure;
• cyberattacks;
• third-party outages;
• epidemics or pandemics.

This section does not excuse an obligation that applicable law does not permit PPB to excuse.

30. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted by applicable law.

The remaining provisions will continue in effect.

31. No waiver

A failure or delay by PPB to enforce a provision of these Terms does not waive that provision or any other right.

A waiver must be in writing and authorized by PPB.

32. Entire agreement and order of precedence

These Terms constitute the agreement between a User and PPB concerning the User’s end-user access to and use of the Platform.

These Terms do not replace:

• the software subscription agreement between PPB and the Builder;
• a User’s construction or service agreement with the Builder;
• a User’s employment or subcontractor agreement;
• a separately executed estimate, change order, warranty, financing agreement, or authorization.

The following order applies:

1. A separate agreement between a User and the Builder controls construction, services, employment, pricing, payments, warranties, and project performance.
2. These Terms control the User’s access to and use of the PPB Platform.
3. The PPB Privacy Policy governs PPB’s privacy practices.
4. A separate written agreement signed directly by PPB controls only when that agreement expressly states that it overrides a provision of these Terms.

No separate agreement may make PPB a pool builder, contractor, subcontractor, construction manager, or employer of the Builder’s personnel.

33. No third-party beneficiaries

Except where expressly provided, these Terms do not create rights for any person or organization other than the User and PPB.

The Builder’s ability to administer the User’s account does not make the Builder a party to these Terms between PPB and the User.

34. Headings and interpretation

Section headings are provided for convenience and do not limit the meaning of these Terms.

The words “including” and “includes” mean “including without limitation.”

The singular includes the plural when appropriate.

These Terms will not be interpreted against either party solely because that party participated in drafting them.

35. Contact

Questions concerning PPB, the Platform, or these Terms may be sent to:

Ecomtraders & Investments Inc.
d/b/a Premier Pool Builders App
Email: [email protected]

Questions concerning construction, services, project schedules, estimates, invoices, warranties, refunds, employment, subcontractors, or the Builder’s conduct must be directed to the applicable Builder.